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rajesh t r (student)     22 January 2011

constitution validity

Hi,

Under Entry Tax Act Karnataka, charging secion 4B has been resended as unconstitutional by Highcout, on this depeartment has appealed to larger beanch, in the mean time an assessee erroniously paid tax under 4B and seeked a refund, but department is refusing to refund statting that they have prefered an appeal,  an answer to this with some relevant citation will be helpful



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S. Bharath (Advocate and Arbitrator Formerly Civil Judge)     22 January 2011

In cases like this, the operation of the impugned order is stayed till disposal of the appeal; pl check the factual position..if there is such a stay, the assessee will have to wait with hopes for the appeal to be disposed of [dismissed!].


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