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    <title>2002 (10) TMI 763 - BOMBAY HIGH COURT</title>
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    <description>Refund under the sales tax statute was confined to tax arising from an assessment, reassessment, modification or annulment order, and it did not support a collateral refund claim once the assessment had become final and conclusive. The statutory revisional power lay with the Commissioner and was not available to the assessee as of right. A later tribunal view in another matter did not reopen assessments already final in the petitioners&#039; own case. The court also applied laches, acquiescence and the discretionary nature of certiorari, holding that failure to pursue the statutory appeal barred indirect challenge through refund or writ proceedings.</description>
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    <pubDate>Tue, 22 Oct 2002 00:00:00 +0530</pubDate>
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      <title>2002 (10) TMI 763 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=161727</link>
      <description>Refund under the sales tax statute was confined to tax arising from an assessment, reassessment, modification or annulment order, and it did not support a collateral refund claim once the assessment had become final and conclusive. The statutory revisional power lay with the Commissioner and was not available to the assessee as of right. A later tribunal view in another matter did not reopen assessments already final in the petitioners&#039; own case. The court also applied laches, acquiescence and the discretionary nature of certiorari, holding that failure to pursue the statutory appeal barred indirect challenge through refund or writ proceedings.</description>
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      <pubDate>Tue, 22 Oct 2002 00:00:00 +0530</pubDate>
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