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    <title>1986 (7) TMI 251 - CEGAT, CALCUTTA</title>
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    <description>Refund of excise duty paid under mistake of law was treated as recoverable under common law where no statutory bar applied. Limitation under the Limitation Act was held to begin from the date the mistake was discovered, because the cause of action arose only when the correct legal position became known. On that basis, the claim filed within three years of discovery was not time-barred, and the assessee was entitled to have the refund claim examined on merits.</description>
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      <description>Refund of excise duty paid under mistake of law was treated as recoverable under common law where no statutory bar applied. Limitation under the Limitation Act was held to begin from the date the mistake was discovered, because the cause of action arose only when the correct legal position became known. On that basis, the claim filed within three years of discovery was not time-barred, and the assessee was entitled to have the refund claim examined on merits.</description>
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