<?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 (10) TMI 1027 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=780231</link>
    <description>IGST collected on ocean freight under reverse charge was treated as an illegal levy because the notification-based levy had already been held unconstitutional and was inconsistent with the GST scheme for composite supply; the refunded tax was therefore payable back to the taxpayer. Interest on the refunded amount was also held payable, as refund provisions could not be used to defeat restitution for money retained without authority of law. The ruling applied Article 265, unjust enrichment, and the principle that statutory interest follows wrongful retention of money, and rejected reliance on Sections 54 and 56 to deny interest on the refund.</description>
    <language>en-us</language>
    <pubDate>Fri, 17 Oct 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 25 Oct 2025 09:00:56 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=860043" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (10) TMI 1027 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=780231</link>
      <description>IGST collected on ocean freight under reverse charge was treated as an illegal levy because the notification-based levy had already been held unconstitutional and was inconsistent with the GST scheme for composite supply; the refunded tax was therefore payable back to the taxpayer. Interest on the refunded amount was also held payable, as refund provisions could not be used to defeat restitution for money retained without authority of law. The ruling applied Article 265, unjust enrichment, and the principle that statutory interest follows wrongful retention of money, and rejected reliance on Sections 54 and 56 to deny interest on the refund.</description>
      <category>Case-Laws</category>
      <law>GST</law>
      <pubDate>Fri, 17 Oct 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=780231</guid>
    </item>
  </channel>
</rss>