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2016 (5) TMI 1 - HC - Indian LawsSeeking refund of excess privilege amount collected from the petitioner from the 2005-2006 to till date and collect the privilege fee applicable non-star status hotels in respect of the license - Petitioner had paid the privilege fee of ₹ 2,00,000/- for the year 2004-05 on 23.02.2005 - Held that:- when the petitioner had established that they paid the privilege fee till the date of expiry of the three star license, on 07.03.2005, they are not liable to pay the privilege fee meant for Three Star Hotels from 2005-06. The petitioner's Hotel is liable to pay the fee applicable for regular Hotels. Inspite of the expiry of the license on 07.03.2005, the respondent collected privilege fee, which is applicable for the Three Star Hotels even after 07.03.2005. The 1st respondent, without taking into consideration the expiry of the Three Star license on 07.03.2005 and the letter dated 11.05.2005 by the Regional Director, India Tourism, has erroneously rejected the petitioner's representation for refund of the privilege fee collected after 07.03.2005. The petitioner is entitled to get refund of the excess amount paid by them from the year 2005-06 (i.e.) from 01.04.2005. - Petition disposed of
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