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    <title>2009 (10) TMI 36 - MADRAS HIGH COURT</title>
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    <description>HC allowed refund claim where tax paid under mistake of law on export of services. Payment in 2005 was held not to be service tax because services rendered for construction abroad did not attract the tax; rejection on limitation grounds was set aside. Court found no dispute that tax was not payable and, on merits, the amount paid was refundable despite the earlier denial under Section 11B time limits. The petitioner was therefore entitled to recover the sum paid.</description>
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      <link>https://www.taxtmi.com/caselaws?id=34805</link>
      <description>HC allowed refund claim where tax paid under mistake of law on export of services. Payment in 2005 was held not to be service tax because services rendered for construction abroad did not attract the tax; rejection on limitation grounds was set aside. Court found no dispute that tax was not payable and, on merits, the amount paid was refundable despite the earlier denial under Section 11B time limits. The petitioner was therefore entitled to recover the sum paid.</description>
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