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‘Doctrine of unjust enrichment’ not applicable to fixed price contract, for refund the excess tax paid

The Hon’ble HC, Gujarat in the matter of State of Gujarat v. Advanced Systek Private Limited [R/Special Civil Application No. 8391 of 2019 dated July 24, 2020] dismissed the appeal challenging the refund of excess tax deposited by the Assessee and held that the Revenue department has to refund the excess tax deposited by the Assessee on fixed price contract. Further, the Revenue department cannot forfeit the excess amount of tax deposited by the Assessee.

Source: a2ztaxcorp.com

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