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    <title>2004 (12) TMI 694 - ALLAHABAD HIGH COURT</title>
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    <description>Excess tax collected by a dealer cannot be forfeited to the State merely because a refund procedure was not yet prescribed, where the dealer has refunded the amount to the purchaser and the claim is capable of verification by the tax authority. Applying earlier decisions on the same statutory scheme, the Court held that the absence of a framed refund mechanism did not justify retention of the amount by the revenue. The Tribunal&#039;s direction to refund the tax realised on discount was upheld in principle, and the revisions were rejected.</description>
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    <pubDate>Fri, 10 Dec 2004 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=186503</link>
      <description>Excess tax collected by a dealer cannot be forfeited to the State merely because a refund procedure was not yet prescribed, where the dealer has refunded the amount to the purchaser and the claim is capable of verification by the tax authority. Applying earlier decisions on the same statutory scheme, the Court held that the absence of a framed refund mechanism did not justify retention of the amount by the revenue. The Tribunal&#039;s direction to refund the tax realised on discount was upheld in principle, and the revisions were rejected.</description>
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      <pubDate>Fri, 10 Dec 2004 00:00:00 +0530</pubDate>
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