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Shyam Industries Versus State Of Gujarat Through Commissioner Of Commercial Tax

2016 (7) TMI 132 - GUJARAT HIGH COURT

Stay on the refund granted to the petition on the ground that revenue has filed an appeal before the Supreme Court - Held that:- the Commercial Tax Officer, should not have passed the order staying the refunds of the petitioner merely on the ground t .....

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to the orders of the Tribunal and the High Court. The Commercial Tax Officer, at any rate cannot, unilaterally decide that since the department is in the process of filing appeal before the Supreme Court, the refund should not be released. Such orde .....

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here would be no further question of granting refund at this stage still such proceedings are disposed of by the Supreme Court or some interim order is passed directing the department to release fully or partially such refund amounts. - SPECIAL CIVIL .....

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DER (PER : MR. AKIL KURESHI) 1. The petitioner has challenged an order dated 26.10.2015 passed by the Commercial Tax Officer. By such order, he directed that since the department is in the process of filing appeal to the Supreme .....

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has now filed appeal before the Supreme Court. When the impugned order was passed, no such appeal was filed. In the SLP with condonation application filed by the department, the Supreme Court has passed following order on 18.01. .....

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Officer, should not have passed the order staying the refunds of the petitioner merely on the ground that the department is in the process of filing appeal before the Supreme Court. The High Court had dismissed the department's appeal on 16.04.20 .....

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