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december 1987

Supreme Court of India · 1987-12-18

SALONAH TEA COMPANY LTD vs SUPERINTENDENT OF TAXES NOWGONG & ORS. ETC.

Citation / case number
SC 1979/62720
Court
Supreme Court of India
Petitioner
SALONAH TEA COMPANY LTD
Respondent
SUPERINTENDENT OF TAXES NOWGONG & ORS. ETC.
Author
SABYASACHI MUKHARJI
Bench
SABYASACHI MUKHARJI

Judgment text excerpt

The Supreme Court held that taxes collected without the authority of law must be refunded, emphasizing that no state can retain such funds. The Court ruled that the appellants' writ petitions were timely and that the claim for refund was valid despite the High Court's earlier dismissal based on delay and laches. The Court clarified that the refund claim was not subject to limitation if it was based on a mistake of law, thus allowing the appeals and ordering the refund of the tax collected under Section 9(3) of the Assam Act.

SALONAH TEA COMPANY LTD vs SUPERINTENDENT OF TAXES NOWGONG & ORS. ETC. · Niyam