Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2019 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 94 - HC - VAT and Sales TaxRefund of the tax paid under protest - notifications granting reduced tax benefit to certain industries with a certain turnover - whether the prohibition on refund of tax already paid; could be mandated in the notification granting retrospective exemption or reduction of rate of tax? - Held that:- Hon'ble Supreme Court in Yesyem Arecanut Co. [2014 (3) TMI 737 - SUPREME COURT] also considered the very same issue, where it was held that By amendment, though the rate of tax was reduced to 4%, the assessee cannot take advantage of the same and gain undue monetary advantage not due to him. When there are two decisions of the Hon'ble Supreme Court, both by co-ordinate Benches, The High Court has to follow the later decision and in such circumstances, it is prudent to follow this decision as it is later to the decision CORPORATION BANK VERSUS SARASWATI ABHARANSALA AND ANOTHER [2008 (11) TMI 387 - SUPREME COURT OF INDIA]. Petition dismissed.
|