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2016 (7) TMI 132 - GUJARAT HIGH COURT

2016 (7) TMI 132 - GUJARAT HIGH COURT - TMI - 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 that the department is in the process of filing appeal before the Supreme Court. The High Court had dismissed the department's appeal on 16.04.2015. The department had to thereafter take recourse in law in .....

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tion for leave to appeal and interim relief, there 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 APPLICATION NO. 6943 of 2016 - Dated:- 17-6-2016 - MR.AKIL KURESHI & MR.A.J. SHASTRI JJ. UCHIT N SHETH, ADVOCATE for the Petitioner(s) No. 1 MR TIRTHRAJ PANDYA, AGP for the Resp .....

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the High Court, against which, the department 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 18.01.2016: Upon hearing the counsel the Court made the following order: Issue notice on application for condonation of delay and on special leave petitions as also on prayer for interim relief.

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