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    <title>2005 (8) TMI 624 - BOMBAY HIGH COURT</title>
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    <description>A refund claim under the Bombay Sales Tax Act was construed as requiring initial filing through the Sales Tax Officer, who would forward it to the Commissioner for inquiry and decision, because the Act and prescribed form had to be harmonised to make the refund remedy workable. The limitation period for the refund application was held to run from communication or knowledge of the forfeiture order, not merely from the date of the order itself, where a literal reading would make the remedy ineffective. On that construction, the Assistant Commissioner lacked jurisdiction to reject the application on merits and should have forwarded it in the prescribed manner.</description>
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    <pubDate>Fri, 19 Aug 2005 00:00:00 +0530</pubDate>
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      <title>2005 (8) TMI 624 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=161867</link>
      <description>A refund claim under the Bombay Sales Tax Act was construed as requiring initial filing through the Sales Tax Officer, who would forward it to the Commissioner for inquiry and decision, because the Act and prescribed form had to be harmonised to make the refund remedy workable. The limitation period for the refund application was held to run from communication or knowledge of the forfeiture order, not merely from the date of the order itself, where a literal reading would make the remedy ineffective. On that construction, the Assistant Commissioner lacked jurisdiction to reject the application on merits and should have forwarded it in the prescribed manner.</description>
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      <pubDate>Fri, 19 Aug 2005 00:00:00 +0530</pubDate>
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