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    <title>2023 (2) TMI 367 - CALCUTTA HIGH COURT</title>
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    <description>The court held that the writ petitioner, a purchasing dealer, had standing to claim a refund of excess tax directly, deeming the writ petition maintainable. It found the rejection of Form &quot;C&quot; declarations erroneous, unsustainable, and illegal, setting aside the assessment order to that extent. The writ petitioner was entitled to the concessional tax rate and allowed to claim a refund directly from the State of West Bengal. The State of West Bengal was directed to refund the excess tax directly to the writ petitioners within a specified timeline, with interest as per statutory rates, based on the binding circular issued by the Union of India.</description>
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    <pubDate>Tue, 07 Feb 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=433852</link>
      <description>The court held that the writ petitioner, a purchasing dealer, had standing to claim a refund of excess tax directly, deeming the writ petition maintainable. It found the rejection of Form &quot;C&quot; declarations erroneous, unsustainable, and illegal, setting aside the assessment order to that extent. The writ petitioner was entitled to the concessional tax rate and allowed to claim a refund directly from the State of West Bengal. The State of West Bengal was directed to refund the excess tax directly to the writ petitioners within a specified timeline, with interest as per statutory rates, based on the binding circular issued by the Union of India.</description>
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