2019 (1) TMI 1539 - AT - Service Tax

Rejection of refund claim - rejection on the ground of time bar - Section 11B of the Central Excise Act 1944 - Held that - The decision of the Hon ble Delhi High Court in the case of National Institute of Public Finance and Policy 2018 (8) TMI 1524 - DELHI HIGH COURT is followed where it is held that for the refund claim of service tax which were not required to pay by the appellant the provision of Section 11B of the Central Excise Act are not applicable - appeal allowed - decided in favor of appellant.

Summary

Issues involved:
- Appeal against rejection of refund claim as time-barred under Section 11B of Central Excise Act, 1944.

Analysis:
1. The appellant, engaged in transporting potatoes, paid service tax which was later realized to be not liable. A refund claim for the period within limitation was sanctioned, but the remaining claim was rejected as time-barred under Section 11B of the Act.

2. Both parties presented arguments on the applicability of Section 11B. The Tribunal referred to the decision of the Hon’ble Delhi High Court in the case of National Institute of Public Finance and Policy Vs. Commissioner of Service Tax, dated 23.08.2018. Following this and considering previous Tribunal decisions, the Tribunal held that Section 11B does not apply to refund claims for service tax not required to be paid by the appellant.

3. The Tribunal set aside the impugned order and allowed the appeal, providing consequential relief. It was concluded that the refund claim was not time-barred under Section 11B of the Central Excise Act, 1944. Therefore, the order rejecting the refund claim was overturned.

4. Consequently, the appeal was allowed with any consequential relief deemed necessary. The order was dictated and pronounced in court, ensuring the appellant's refund claim was not limited by Section 11B.