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    <title>1958 (10) TMI 30 - ALLAHABAD HIGH COURT</title>
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    <description>Money paid under a mistake of law is recoverable under section 72 of the Indian Contract Act, 1872, and that right is not lost merely because the payment was voluntary or the dealer had recovered the amount from customers; no estoppel, waiver or limitation bar was shown. On that basis, tax deposited on forward transactions was treated as refundable. Section 8-A(4) of the U.P. Sales Tax Act was construed as limited to amounts realised as tax on an actual sale, so it did not apply to sums collected on forward transactions that were not sales. The Revenue&#039;s reliance on section 8-A(4) therefore failed.</description>
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    <pubDate>Thu, 30 Oct 1958 00:00:00 +0530</pubDate>
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      <title>1958 (10) TMI 30 - ALLAHABAD HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=127789</link>
      <description>Money paid under a mistake of law is recoverable under section 72 of the Indian Contract Act, 1872, and that right is not lost merely because the payment was voluntary or the dealer had recovered the amount from customers; no estoppel, waiver or limitation bar was shown. On that basis, tax deposited on forward transactions was treated as refundable. Section 8-A(4) of the U.P. Sales Tax Act was construed as limited to amounts realised as tax on an actual sale, so it did not apply to sums collected on forward transactions that were not sales. The Revenue&#039;s reliance on section 8-A(4) therefore failed.</description>
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      <pubDate>Thu, 30 Oct 1958 00:00:00 +0530</pubDate>
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