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Section 265 – Constitution of India

Constitution of India



265. Taxes not to be imposed save by authority of law.—


No tax shall be levied or collected except by authority of law.




Tax illegally levied must be refunded. Doctrine of “unjust enrichment has to be applied after having regard to the facts of each case; New India Industries v. Union of India, AIR 1990 Bom 239 (FB).



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