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    <title>2005 (4) TMI 553 - GUJARAT HIGH COURT</title>
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    <description>Review jurisdiction allows correction of an apparent mistake, not the introduction of a new case or substitution of a fresh view. The Court held that sales tax paid along with statutory returns is paid under the return-and-self-assessment scheme and is not refundable merely because a later assessment order is quashed; refund with interest was confined to tax paid after returns pursuant to assessment or demand. The Revenue was also barred from raising, for the first time in review, a new limitation contention that the 1990-91 assessment was not time-barred, because review cannot reopen issues not urged in the original proceedings. The limited refund correction was allowed, but the new limitation challenge failed.</description>
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      <link>https://www.taxtmi.com/caselaws?id=161894</link>
      <description>Review jurisdiction allows correction of an apparent mistake, not the introduction of a new case or substitution of a fresh view. The Court held that sales tax paid along with statutory returns is paid under the return-and-self-assessment scheme and is not refundable merely because a later assessment order is quashed; refund with interest was confined to tax paid after returns pursuant to assessment or demand. The Revenue was also barred from raising, for the first time in review, a new limitation contention that the 1990-91 assessment was not time-barred, because review cannot reopen issues not urged in the original proceedings. The limited refund correction was allowed, but the new limitation challenge failed.</description>
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