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september 1958

Supreme Court of India · 1958-09-23

SALES TAX OFFICER, BANARAS & OTHERS vs KANHAIYA LAL MUKUNDLAL SARAF

Citation / case number
SC 1957/60123
Court
Supreme Court of India
Petitioner
SALES TAX OFFICER, BANARAS & OTHERS
Respondent
KANHAIYA LAL MUKUNDLAL SARAF
Bench
DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,SINHA, BHUVNESHWAR P.,SUBBARAO, K.,WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that under Section 72 of the Indian Contract Act, 1872, a mistake of law is included within the term 'mistake', allowing for recovery of money paid under such a mistake. The Court ruled that the respondent was entitled to a refund of sales tax paid on forward transactions, which was later deemed ultra vires by the Allahabad High Court. The argument that the payments were voluntary and spent by the government was rejected, affirming the right to recover the amounts paid.

SALES TAX OFFICER, BANARAS & OTHERS vs KANHAIYA LAL MUKUNDLAL SARAF · Niyam