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    <title>1988 (3) TMI 65 - HIGH COURT AT CALCUTTA</title>
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    <description>Excise duty paid under mistake was treated as refundable notwithstanding Rule 11 limitation where the writ court found no laches attributable to the assessee and intervention under Article 226 was warranted to prevent defeat of a lawful claim. The Court also rejected unjust enrichment as a bar to refund where the levy had been collected without authority of law, preferring the view that money wrongly recovered by public authorities should be returned. On that basis, writ relief was available and refund of the excess duty was directed.</description>
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    <pubDate>Fri, 04 Mar 1988 00:00:00 +0530</pubDate>
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      <description>Excise duty paid under mistake was treated as refundable notwithstanding Rule 11 limitation where the writ court found no laches attributable to the assessee and intervention under Article 226 was warranted to prevent defeat of a lawful claim. The Court also rejected unjust enrichment as a bar to refund where the levy had been collected without authority of law, preferring the view that money wrongly recovered by public authorities should be returned. On that basis, writ relief was available and refund of the excess duty was directed.</description>
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      <pubDate>Fri, 04 Mar 1988 00:00:00 +0530</pubDate>
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