Limitation period would be 3 years from tax date of receipt of tax that has been retained by Revenue

State of Tamil Nadu Vs Everest Industries Limited (Madras High Court) It is useful to refer to the Judgment of the Apex Court in A. Venkata Subbarao v. State of A.P., (1965) 2 SCR 577 : AIR 1965 SC 1773 while dealing with the claims relating to tax that was illegally retained. In the above case, the Apex Court was dealing with claims against the State for refund of tax collected illegally or without authority. Any tax collected without authority would certainly amount to unjust enrichment as we have seen in the cases referred to earlier. The Apex Court has held that Article 62 of the Limitatio...