Bombay High Court Ordered Department To Refund tax Deposited By HSBC Under protest

The Bombay High Court in the case The Hongkong and Shanghai Banking Corporation Versus Union of India observed and has ordered the department to refund the tax deposited by HSBC under protest

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The bench comprising of Justice G. S. Kulkarni and Justice Jitendra Jain in the case observed and has stated that once the amounts is deposited by the petitioner and it is being retained by the department without the authority of law, the claim of the petitioner for refund could not have been denied. It was appropriate for the petitioner to invoke the jurisdiction under Article 226 of the Constitution of India, wherein it prayed for a writ for the refund of money illegally retained or withheld.