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2022 (6) TMI 540 - HC - Service TaxInitiation of recovery proceedings - one of the principal grievances of the petitioner was that even while the remand direction was to be given effect to, proceedings had been initiated for recovery via the impugned show-cause notice dated 03.03.2022 - HELD THAT - Mr. Akshay Amritanshu, who appears on behalf of the respondents/revenue, says he has obtained instructions in the matter - It is Mr. Amritanshu s submission that no recovery will be made, till such time the refund claim of the petitioner is examined, as indicated in the remand order dated 13.05.2022. Petition disposed off.
Issues:
1. Quashing of Order-in-Appeal 2. Quashing of Show-Cause Notice 3. Recovery of Amount Refunded Issue 1: Quashing of Order-in-Appeal The petitioner sought a writ to quash Order-in-Appeal No. 167/Central Tax/Appl-II/Delhi/2019 dated 13.05.2020. The High Court noted that the Appellate Authority remanded the matter to the adjudicatory authority for a fresh examination of the petitioner's refund claim. The court observed that a remand order like this should not trigger recovery at that stage. The court directed the matter to be listed for the next hearing, indicating a preliminary view that the recovery should not be initiated based on the remand order. Issue 2: Quashing of Show-Cause Notice The petitioner also sought a writ to quash Show-Cause Notice No. 01/MAN/ST/2021-22 dated 03.03.2022. The impugned notice was issued to show cause why the refunded amount should not be recovered. The court noted that the impugned notice was triggered by the order passed by the Appellate Authority, remanding the matter for a fresh examination of the refund claim. The court expressed a prima facie view that the remand order should not lead to immediate recovery. The standing counsel for the revenue assured the court that no recovery would be made until the refund claim was properly examined as per the remand order. Issue 3: Recovery of Amount Refunded The High Court analyzed the impugned Order-in-Appeal dated 13.05.2020, which directed a fresh examination of the refund claims based on the premise that the service tax was paid under a mistake of law. The court highlighted that the Adjudicating Authority had not adequately examined how the service provided was exempt from service tax and why the tax was paid under a mistake of law. The court noted that the Appellate Authority remitted the matter back to the Adjudicating Authority for a detailed examination, emphasizing that the issue of how the service tax was paid under a mistake of law needed thorough scrutiny. The court directed that if the decision went against the petitioner, no recovery steps would be taken for ten days after the service of the order. In conclusion, the High Court's judgment focused on the procedural aspects of the remand order, emphasizing the need for a detailed examination of the refund claims before initiating any recovery steps. The court ensured that the interests of the petitioner were safeguarded by directing no recovery until a proper examination of the refund claim was conducted as per the remand order.
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