2013 (12) TMI 1225 - AT - Service Tax

Rejection of refund claim - Bar of limitation - Held that - when a law pertains to a particular matter lays down time limits for demand of duty or refund of tax, the said time limit would prevail over the time limit prescribed under the general law of limitation. In the present case, the time limit is one year from the date of payment of service tax. Inasmuch as the appellant has filed the refund claim after a lapse of one year, the claim is time-barred - Following decision of Hindustan Coco Products ltd. Vs. CCE, Bombay 1987 (9) TMI 133 - CEGAT, NEW DELHI and CC, Ahmedabad Vs. Vishal Exports overseas Ltd. 2007 (1) TMI 490 - CESTAT AHMEDABAD - Decided against assessee.

Summary

Issues:
1. Time-barred refund claim due to delay in filing.
2. Applicability of time limits for demand of duty or refund of tax.
3. Constitutionality of service tax levy.

Analysis:
1. The appellant filed a refund claim for service tax paid after purchasing a flat, but the claim was rejected as time-barred since it was filed after one year from the payment. The appellant argued that the levy of service tax itself was unconstitutional based on decisions from the Madras and Karnataka High Courts, therefore claiming entitlement to the refund.

2. The Tribunal emphasized that specific time limits for duty demands or tax refunds under relevant laws supersede general limitation laws. In this case, the one-year limit from the service tax payment date applied. As the appellant's claim was filed after this period, it was deemed time-barred. The Tribunal supported this decision by referring to previous judgments, including the case of Hindustan Coco Products Ltd. vs. CCE, Bombay and CC, Ahmedabad vs. Vishal Exports Overseas Ltd.

3. The argument regarding the constitutionality of the service tax levy was considered but not accepted. The Tribunal reiterated that the time limit for filing refund claims takes precedence over such arguments. As the appellant failed to meet the statutory time limit, the appeal was dismissed, ruling against the appellant's claim for a refund of the service tax paid.

This detailed analysis of the judgment highlights the key issues raised, the legal principles applied, and the final decision reached by the Tribunal.