2007 (8) TMI 34 - AT - Service Tax

Refund (Service tax) - Appellant demand for refund of service tax which is paid on the tickets and cancelled after some time - Held that appellant demand is genuine and allowed

Summary

Issues:
1. Stay application for refund of service tax on cancelled air tickets.
2. Dispute over refund of service tax to passengers by air travel agent.
3. Appellate decision to remand the case to original authority for further examination.

Analysis:
1. The appellants sought a stay for the refund of service tax on cancelled air tickets as per the impugned order. The Commissioner (Appeals) upheld the original authority's decision to credit the amount to the Consumer Welfare Fund. The appeal was taken up for final disposal with the consent of both parties.

2. The appellants had paid service tax as an Air Travel Agent for tickets issued in 2003-2004, amounting to Rs. 37,522. The authorities found that the tax collected was not returned to the passengers who had cancelled the tickets. The appellants provided documentary evidence of refunding the service tax along with the airfare, which was allegedly ignored by the lower authorities. The appellants presented acknowledgments signed by passengers confirming the refund of service tax upon ticket cancellation.

3. After considering the case records and submissions, it was observed that the service tax of Rs. 37,552 was paid for cancelled air tickets. The appellants were deemed entitled to a refund based on the evidence provided. The case was remanded to the original authority for a fresh examination to verify if the service tax was refunded to the passengers. The appellants were instructed to produce all necessary documents during the hearing, ensuring a fair opportunity to present their case. The appeal was allowed by way of remand, emphasizing the appellants' right to establish the refund to passengers.