<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2003 (12) TMI 612 - WEST BENGAL TAXATION TRIBUNAL</title>
    <link>https://www.taxtmi.com/caselaws?id=162412</link>
    <description>A statutory refund of excess sales tax was treated as subject to limitation and to the equitable bar of unjust enrichment. The claim was held within time because it arose from a continuing failure to comply with the refund procedure after assessment, rather than a one-time challenge governed by discovery-of-mistake principles. The refund nevertheless failed because the claimant did not prove that the tax burden had not been passed on to buyers; credit notes alone were insufficient. The notice initiating the matter was found defective in form and not warranted in law, and was quashed, while the refund claim itself was rejected.</description>
    <language>en-us</language>
    <pubDate>Fri, 12 Dec 2003 00:00:00 +0530</pubDate>
    <lastBuildDate>Wed, 26 Feb 2014 14:02:12 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=347344" rel="self" type="application/rss+xml"/>
    <item>
      <title>2003 (12) TMI 612 - WEST BENGAL TAXATION TRIBUNAL</title>
      <link>https://www.taxtmi.com/caselaws?id=162412</link>
      <description>A statutory refund of excess sales tax was treated as subject to limitation and to the equitable bar of unjust enrichment. The claim was held within time because it arose from a continuing failure to comply with the refund procedure after assessment, rather than a one-time challenge governed by discovery-of-mistake principles. The refund nevertheless failed because the claimant did not prove that the tax burden had not been passed on to buyers; credit notes alone were insufficient. The notice initiating the matter was found defective in form and not warranted in law, and was quashed, while the refund claim itself was rejected.</description>
      <category>Case-Laws</category>
      <law>VAT and Sales Tax</law>
      <pubDate>Fri, 12 Dec 2003 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=162412</guid>
    </item>
  </channel>
</rss>