Refund of wrongfully paid tax: claims allowed when supply classification is revised and correct tax paid within time. The term 'subsequently held' covers both taxpayer self reclassification and tax authority determinations; refunds for tax paid under an incorrect head may be claimed if the taxpayer pays the correct tax and files electronically within two years from payment under the correct head, or, for payments made before the rule's commencement, within two years from the rule's effective date; the rule applies to both State and integrated tax provisions, governs pending applications, and excludes cases where adjustment was made by issuance of a credit note.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Refund of wrongfully paid tax: claims allowed when supply classification is revised and correct tax paid within time.
The term "subsequently held" covers both taxpayer self reclassification and tax authority determinations; refunds for tax paid under an incorrect head may be claimed if the taxpayer pays the correct tax and files electronically within two years from payment under the correct head, or, for payments made before the rule's commencement, within two years from the rule's effective date; the rule applies to both State and integrated tax provisions, governs pending applications, and excludes cases where adjustment was made by issuance of a credit note.
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