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    <title>2026 (1) TMI 1399 - MADRAS HIGH COURT</title>
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    <description>Refund of service tax paid under mistake of law relating to prepublication/exported services and reverse charge input services is payable; authorities must restore recredit and refund previously sanctioned. The commentary explains that limitation rules do not bar refund where tax was paid under a mistake of law, and that contrary tribunal departures from an earlier final order were erroneous; therefore precedent and judicial discipline require restoration of adjudicating authority refunds. If tax was paid for services actually used by the taxpayer as input service it must be credited; if paid for a director personally it remains refundable as mistake of law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=785643</link>
      <description>Refund of service tax paid under mistake of law relating to prepublication/exported services and reverse charge input services is payable; authorities must restore recredit and refund previously sanctioned. The commentary explains that limitation rules do not bar refund where tax was paid under a mistake of law, and that contrary tribunal departures from an earlier final order were erroneous; therefore precedent and judicial discipline require restoration of adjudicating authority refunds. If tax was paid for services actually used by the taxpayer as input service it must be credited; if paid for a director personally it remains refundable as mistake of law.</description>
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