https://www.taxtmi.com/caselaws?id=352186 A rehabilitation scheme under SICA binds State Governments only if the statutory consent mechanism in Section 19 is satisfied; where consent is withheld or not properly obtained, the exemption from VAT, sales tax and electricity duty is not enforceable against the States, and Section 32 cannot override that requirement. The scheme also distinguished exemption from refund: it did not permit recovery of taxes already collected from customers and deposited with the State, and such a claim was defeated by unjust enrichment. The article therefore states that refund was not available on the facts and the scheme could not be used to reclaim collected taxes. en-us Thu, 07 Dec 2017 00:00:00 +0530 Sat, 09 Dec 2017 08:19:16 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=352186 A rehabilitation scheme under SICA binds State Governments only if the statutory consent mechanism in Section 19 is satisfied; where consent is withheld or not properly obtained, the exemption from VAT, sales tax and electricity duty is not enforceable against the States, and Section 32 cannot override that requirement. The scheme also distinguished exemption from refund: it did not permit recovery of taxes already collected from customers and deposited with the State, and such a claim was defeated by unjust enrichment. The article therefore states that refund was not available on the facts and the scheme could not be used to reclaim collected taxes. Case-Laws Companies Law Thu, 07 Dec 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=352186