Q.

Mr. Kamal was levied Sales Tax on his forward transactions in bullion, which he paid. The levy of this tax was declared ultra vires. Mr. Kamal demanded refund on the amount of Sales Tax on the ground that payment was under a mistake of law. Which of the following is correct?

A. Mr. Kamal will not succeed as once the payment is made to government it cannot be refunded
B. Mr. Kamal will not succeed as his forward transaction of bullion attracted sales tax at that time
C. Mr. Kamal will succeed
D. Mr. Kamal will not succeed as mistake of law is not good defence
Answer» C. Mr. Kamal will succeed
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