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Bombay High Court Allows Refund of Stamp Duty Paid Under Mistake of Law — Petitioner Entitled to Refund of Rs. 3,00,100/- for Electronic Stamps Purchased Under Wrong Scheme Code. Mistake of Law Does Not Bar Refund When Stamps Not Used and No Unjust Enrichment.

The petitioner, Manjeet Singh, filed a writ petition before the Bombay High Court seeking a refund of stamp duty paid under a mistake of law. The peti...

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High Court Allows Writ Petition for Refund of IGST on Ocean Freight -- Sets Aside Appellate Order Directing Limitation Verification -- Reliance on Precedents for Mistake of Law Refunds

The petitioners imported fertilizers on CIF basis, paying IGST on ocean freight under reverse charge mechanism as per RCM Notification No.10/2017. Aft...

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Bombay High Court Dismisses Petition Seeking Quashing of FIR in NDPS Act Case — Ignorance of Gazette Notification Not a Defence. Export of Controlled Substance Without NOC from Narcotics Commissioner Constitutes Prima Facie Offence Under Sections 9A, 25A, 29, 59 of NDPS Act.

The applicant, a director of Vivalavita Pharmaceuticals Pvt. Ltd., sought quashing of FIR No. 48 of 2019 registered by the Anti Drug Department, Azad ...

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Bombay High Court Dismisses MSRTC Petition Challenging Industrial Court Order Quashing Recovery Notices for Excess Wages Paid to Employees. Recovery of wages paid under mistake of law held impermissible without prior notice and opportunity of hearing.

The Maharashtra State Road Transport Corporation (MSRTC) filed a writ petition challenging an order dated 30/09/2005 passed by the Industrial Court, L...

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Karnataka High Court Allows Refund of Service Tax Paid by Non-Resident for Period Prior to Amendment — Unjust Enrichment Not Applicable. Service Tax Liability for Period 10.09.2004 to 31.12.2004 Not Attracted as Reverse Charge Mechanism Introduced Only from 01.01.2005 Under Finance Act, 1994.

The appellant, M/s Madura Coats Pvt. Ltd., a non-resident service provider, had paid service tax for the period 10.09.2004 to 31.12.2004 under the Fin...

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Bombay High Court Dismisses Writ Petition Challenging Recovery of Excess Salary Paid to Employee Due to Mistaken Fixation of Pay Scale. Petitioner failed to challenge the recovery order within reasonable time and the recovery was based on a mistake of law.

The petitioner, Smt. E.S.S. Almeida, filed a writ petition before the Bombay High Court at Goa challenging an order dated 24-09-2003 passed by the res...

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Bombay High Court Allows Refund of Excise Duty Paid on Exported Goods Under Mistake of Law — Rule 13 Export Bond Not Used. Duty Paid Under Mistake of Law is Recoverable and Limitation Under Section 11B Central Excise Act Does Not Apply to Mistake of Law Claims.

The petitioners, Tata SSL Ltd. and its director, exported consignments of Cold Rolled Sheets and Coils to Nepal by road. The goods were cleared from t...

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Bombay High Court Allows Refund of ESI Contributions Paid Under Mistake of Law — Employer Entitled to Restitution Under Section 72 of Indian Contract Act. Mistake of Law Does Not Bar Claim for Refund Under Section 75 of ESI Act, 1948.

The petitioners, M/s. Indian Hotels Co. Limited (owner of Taj Mahal Hotel and Taj Intercontinental) and its shareholder, filed a writ petition seeking...