2022 (1) TMI 131 - AT - Service Tax

Rejection of refund claim - rejection on the ground of unjust enrichment - rejection also on the ground of locus standi of the appellant contractor who is rendering construction services to the Ministry of Defence MES, Raiwala, Meerut Cantt. - HELD THAT - The appellant have applied for refund under proper authorisation and knowledge of the principal (receiver of service). Thus, there is no issue of locus standi. In the facts and circumstances, the appellant is competent to apply for the refund. Principles of unjust enrichment - HELD THAT - The lower Court has raised doubts regarding the re-payment of the amount of tax, the refund of which has been sought. In view of the facts taken notice by this Tribunal, the issue of unjust enrichment no longer survives, and the appellant have discharged their onus as required under the provisions of Section 12B of the Act. Accordingly, the appellant is entitled to refund of the amount of ₹ 43,90,718/-. Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Refund claim rejection on the ground of unjust enrichment.
2. Locus standi of the appellant contractor providing construction services to Ministry of Defence.

Analysis:
Issue 1: Refund Claim Rejection on Ground of Unjust Enrichment
The appellant, a contractor providing construction services to the Ministry of Defence, applied for a refund of service tax. Initially, the refund was partly allowed by the Assistant Commissioner, stating that the refund was not hit by the doctrine of unjust enrichment. However, the Revenue appealed, leading to a decision by the Commissioner (Appeals) to reject the entire refund claim on the grounds of locus standi and unjust enrichment. In the subsequent round, the Assistant Commissioner rejected the refund claim on both grounds. Upon further appeal, the Commissioner (Appeals) upheld the rejection. The appellant argued that they had repaid a significant amount under pressure from the Ministry of Defence and provided evidence of deductions made by MES from their bills. The Tribunal found that the appellant had applied for the refund with proper authorization from the principal and that the issue of unjust enrichment did not survive. The Tribunal directed the Adjudicating Authority to grant the refund with interest within thirty days.

Issue 2: Locus Standi of the Appellant Contractor
The Commissioner (Appeals) had held that the appellant did not have the locus standi to apply for the refund, stating that only the Ministry of Defence, MES, who bore the tax incidence, was entitled to the refund claim. The Tribunal, however, after considering the facts and the appellant's authorization by the principal, ruled that the appellant was competent to apply for the refund. The Tribunal found that the appellant had discharged their onus as required under the provisions of Section 12B of the Act. Consequently, the Tribunal allowed the appeal, set aside the impugned order, and directed the grant of the refund amount with interest within thirty days.

In conclusion, the Tribunal allowed the appeal, stating that the appellant was entitled to the refund with interest and consequential benefits. The judgment emphasized the proper authorization of the refund application and the absence of unjust enrichment issues, leading to a favorable decision for the appellant.