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    <title>1997 (7) TMI 646 - WEST BENGAL TAXATION TRIBUNAL</title>
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    <description>Amounts paid as tax and later identified on reassessment as excess were refundable under the Bengal Finance (Sales Tax) Act, 1941, because section 12(1) and rule 55(1A) required refund or adjustment once no subsisting arrears were shown for other periods. The excess retention could not be justified merely because the sums had originally been deposited as tax. Interest was also payable on the retained excess amounts, with the period running from the reassessment orders that first determined the absence of liability and the rate and mode governed by section 10B. The assessee was therefore entitled to refund with statutory interest.</description>
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    <pubDate>Thu, 24 Jul 1997 00:00:00 +0530</pubDate>
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      <title>1997 (7) TMI 646 - WEST BENGAL TAXATION TRIBUNAL</title>
      <link>https://www.taxtmi.com/caselaws?id=161154</link>
      <description>Amounts paid as tax and later identified on reassessment as excess were refundable under the Bengal Finance (Sales Tax) Act, 1941, because section 12(1) and rule 55(1A) required refund or adjustment once no subsisting arrears were shown for other periods. The excess retention could not be justified merely because the sums had originally been deposited as tax. Interest was also payable on the retained excess amounts, with the period running from the reassessment orders that first determined the absence of liability and the rate and mode governed by section 10B. The assessee was therefore entitled to refund with statutory interest.</description>
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      <pubDate>Thu, 24 Jul 1997 00:00:00 +0530</pubDate>
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