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    <title>2023 (8) TMI 986 - MADRAS HIGH COURT</title>
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    <description>Luxury tax under the Tamil Nadu Tax on Luxuries Act, 1981 was treated as not payable in light of the later exemption notification and the Supreme Court&#039;s view on the nature of the levy, so the assessment could not stand in its existing form. However, the authority was still required to examine whether the petitioner had passed on the tax burden and whether retention or refund was barred by unjust enrichment. Because no notice had been given on that issue, the High Court set aside the order and remitted the matter for fresh consideration after issuing notice on unjust enrichment.</description>
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      <description>Luxury tax under the Tamil Nadu Tax on Luxuries Act, 1981 was treated as not payable in light of the later exemption notification and the Supreme Court&#039;s view on the nature of the levy, so the assessment could not stand in its existing form. However, the authority was still required to examine whether the petitioner had passed on the tax burden and whether retention or refund was barred by unjust enrichment. Because no notice had been given on that issue, the High Court set aside the order and remitted the matter for fresh consideration after issuing notice on unjust enrichment.</description>
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