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VAT and Sales Tax

The High Court addressed the power to grant exemptions u/s...

High Court Expands Exemption Scope u/s 8(5)(b) of CST Act; Clarifies Refunds Require Proof of Unjust Enrichment.

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VAT and Sales Tax June 24, 2024 Case Laws HC
The High Court addressed the power to grant exemptions u/s 8(5)(b) of the CST Act, ruling that it extends beyond "registered dealers" to include other specified categories. This interpretation was supported by previous judgments. The Court also discussed unjust enrichment, stating that refunds are not automatic unless it's proven that tax liability wasn't passed on to consumers. The decision referenced a Supreme Court case emphasizing that the tax component is typically included in the final product cost. Ultimately, the Court upheld the original judgment, dismissing the revision petitions.

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Acts Income Tax