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GST - Highlights / Catch Notes

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Refund alongwith Interest - amount deposited during search ...


Court Rules Unlawful Tax Collection Violates Article 300A; Orders Refund for Deposited Amount Made Under Protest.

April 6, 2023

Case Laws     GST     HC

Refund alongwith Interest - amount deposited during search proceedings - If tax is collected without any authority of law, the same would amount to depriving a person of his property without any authority of law and would infringe his right under Article 300 A of the Constitution of India as well. In the present case, no receipt was given by the Proper Officer after accepting the impugned amount - Thus, the amount deposited by the petitioner under protest were liable to be refunded, as the petitioner has been deprived of his right. - HC

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