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    <title>1971 (2) TMI 94 - KERALA HIGH COURT</title>
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    <description>Refund of tax wrongly collected before a retrospective amendment was treated as equivalent to non-collection for purposes of the statutory exemption under section 10. The court reasoned that, once the dealer had returned the amount before the Ordinance and Amendment Act came into force, the dealer no longer retained the tax and stood in the same position as one who had not collected it at all. The exemption was therefore read as protecting dealers who did not keep the collected tax when retrospective liability was introduced, and the contrary distinction between prior collection with refund and no collection was rejected.</description>
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    <pubDate>Fri, 26 Feb 1971 00:00:00 +0530</pubDate>
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      <title>1971 (2) TMI 94 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=149944</link>
      <description>Refund of tax wrongly collected before a retrospective amendment was treated as equivalent to non-collection for purposes of the statutory exemption under section 10. The court reasoned that, once the dealer had returned the amount before the Ordinance and Amendment Act came into force, the dealer no longer retained the tax and stood in the same position as one who had not collected it at all. The exemption was therefore read as protecting dealers who did not keep the collected tax when retrospective liability was introduced, and the contrary distinction between prior collection with refund and no collection was rejected.</description>
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      <pubDate>Fri, 26 Feb 1971 00:00:00 +0530</pubDate>
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