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denial of provisional refund on sale in thecourse o export

(Querist) 10 February 2010 This query is : Resolved 
notices have been issued to dealers of claiming provisional refund of sales made agst. Form H,denying provisional refund on the basis of high court deciss. on monga rice mills case, and case of m/s neeru enterprises. does above cases apply in u.p. vat where sec. 41 is clear regarding refund.
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Raj Kumar Makkad (Expert) 10 February 2010
Where there is specific law and provision there common provision do not apply.

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