<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2025 (3) TMI 890 - GAUHATI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=767504</link>
    <description>Post-GST collection of cess under the Assam Agricultural Produce Market Act was treated as unsustainable because the applicable GST notifications had subsumed the levy within the CGST and AGST framework, making continued collection ultra vires and unconstitutional. Refund of the cess already collected was declined because the claimants did not establish that the burden had not been passed on to consumers, and restitution was held to be barred by unjust enrichment. The result was limited to a declaration that the post-GST cess collection was unlawful, without monetary relief.</description>
    <language>en-us</language>
    <pubDate>Wed, 12 Mar 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 10 Nov 2025 14:10:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=807285" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (3) TMI 890 - GAUHATI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=767504</link>
      <description>Post-GST collection of cess under the Assam Agricultural Produce Market Act was treated as unsustainable because the applicable GST notifications had subsumed the levy within the CGST and AGST framework, making continued collection ultra vires and unconstitutional. Refund of the cess already collected was declined because the claimants did not establish that the burden had not been passed on to consumers, and restitution was held to be barred by unjust enrichment. The result was limited to a declaration that the post-GST cess collection was unlawful, without monetary relief.</description>
      <category>Case-Laws</category>
      <law>GST</law>
      <pubDate>Wed, 12 Mar 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=767504</guid>
    </item>
  </channel>
</rss>