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    <title>1998 (5) TMI 392 - KARNATAKA HIGH COURT</title>
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    <description>Delay in filing a writ petition was not treated as fatal where the petitioner had first pursued an incompetent appeal in a bona fide attempt to invoke a remedy available in law. Under section 23 of the Entry Tax Act, the power to compound was capped by a statutory maximum, so collection above that ceiling was ultra vires and illegal. Payment said to be voluntary did not validate a demand not authorised by statute, and the excess amount remained recoverable as having been collected without authority of law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=159974</link>
      <description>Delay in filing a writ petition was not treated as fatal where the petitioner had first pursued an incompetent appeal in a bona fide attempt to invoke a remedy available in law. Under section 23 of the Entry Tax Act, the power to compound was capped by a statutory maximum, so collection above that ceiling was ultra vires and illegal. Payment said to be voluntary did not validate a demand not authorised by statute, and the excess amount remained recoverable as having been collected without authority of law.</description>
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      <pubDate>Tue, 26 May 1998 00:00:00 +0530</pubDate>
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