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    <title>2008 (11) TMI 387 - Supreme Court</title>
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    <description>A retrospective tax-reducing notification must be given full effect, so collection at the higher earlier rate became tax collected in excess of the rate authorised by law and was refundable; the State could not retain the excess absent a proved bar such as unjust enrichment. The earlier non-refund condition could not survive once it conflicted with the later retrospective amendment and had to yield by necessary implication. Where the facts were admitted and refund had been refused, a writ petition was maintainable to secure repayment of tax collected without authority for the relevant period, and the refund direction with interest was upheld in principle.</description>
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    <pubDate>Wed, 19 Nov 2008 00:00:00 +0530</pubDate>
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      <title>2008 (11) TMI 387 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=106229</link>
      <description>A retrospective tax-reducing notification must be given full effect, so collection at the higher earlier rate became tax collected in excess of the rate authorised by law and was refundable; the State could not retain the excess absent a proved bar such as unjust enrichment. The earlier non-refund condition could not survive once it conflicted with the later retrospective amendment and had to yield by necessary implication. Where the facts were admitted and refund had been refused, a writ petition was maintainable to secure repayment of tax collected without authority for the relevant period, and the refund direction with interest was upheld in principle.</description>
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      <pubDate>Wed, 19 Nov 2008 00:00:00 +0530</pubDate>
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