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VAT - Highlights / Catch Notes

Home Highlights July 2020 Year 2020 This

Doctrine of Contemporanea Expositio - Availment of Capital ...


Company Must Refund Excess Subsidy with 12% Interest Due to Doctrine of Contemporanea Expositio in VAT Context.

July 22, 2020

Case Laws     VAT and Sales Tax     SC

Doctrine of Contemporanea Expositio - Availment of Capital Investment Subsidy -when the Appellant company had obtained undue advantage in monetary terms by availing 25% extra subsidy; and had given undertaking to refund any excessive benefit with interest at the rate of 12% per annum, in our view, the Appellant company remains liable to refund the excess amount together with interest at the rate agreed upon, i.e., 12% per annum.

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