Supreme Court · 1986 INSC 69 · Decided 10 April 1986

Commissioner of Sales Tax, U.P. v. Auriaya Chamber of Commerce, Allahabad

Court
Supreme Court of India
Citation
1986 INSC 69 · [1986] 2 S.C.R. 430
Case number
CIVIL APPEAL No. 874/1974
Decided
10 April 1986
Bench
SABYASACHI MUKHERJI, K.N. SINGH (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution Article 265; Contract Act Section 72; Limitation Act Section 96, 5

Headnote

Uttar Pradesh Sales Tax Act, 1948, s. 2(h), 7-F and 29 - Sales Tax - Refund of - Tax paid under provision of law subsequently held unconstitutional - Liability of State to refund tax - Limitation period for claiming such refund. Indian Contract Act 1872, s. 72 - Money paid mistake of law - to s. 29 of the U.P. Sales Tax Act 1948 provides thst no claim to the refund of any tax or other D amount paid under the Act shsll be allowed unless it was made within 24 months from the date on which the order for assessment was passed or within 12 months of the final order passed in appeal,

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