2015 (11) TMI 1258 - AT - Service Tax

Denial of refund claim - Technical Testing and Analysis Service - Held that - After considering the amount itself and the grounds on limitation, we find that the impugned order is liable to upheld on limitation without going into merit - we upheld the impugned order on limitation. The appeal filed by the Revenue is rejected - Decided against Revenue.

Summary

Issues:
- Appeal against setting aside of Adjudication order by Commissioner (Appeals)
- Refund claim of Service Tax on "Technical Testing and Analysis Service"
- Rejection of refund claim on merit and limitation
- Upholding of the impugned order on limitation

Analysis:
The appeal before the Appellate Tribunal CESTAT Ahmedabad was lodged by the Revenue against the decision of the Commissioner (Appeals) to set aside the Adjudication order. The respondents had filed a refund claim of Rs. 2,22,645 for erroneously paid Service Tax on "Technical Testing and Analysis Service" under Section 65(105) of the Finance Act, 1994. The Adjudicating authority had initially rejected the refund claim based on merit and limitation, which was subsequently overturned by the Commissioner (Appeals) on both grounds.

During the proceedings, both parties presented their arguments extensively. Upon review of the records and the amount involved, the Tribunal found that the impugned order should be upheld on the basis of limitation alone, without delving into the merit of the case. The Tribunal highlighted the Commissioner's findings on the limitation issue, emphasizing that the original claim was filed within the stipulated time frame, and any delays were attributed to technical deficiencies and unjustified actions by the revenue department in returning the claim without jurisdiction.

Consequently, the Tribunal upheld the impugned order on the grounds of limitation, resulting in the rejection of the Revenue's appeal. Additionally, the cross objection filed by the respondent was disposed of. The judgment provided a detailed analysis of the limitation aspect, emphasizing the procedural irregularities in handling the refund claim and the significance of adhering to statutory timelines in such matters.