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TMI Blog2012 (11) TMI 115X X X X Extracts X X X X X X X X Extracts X X X X ..... o this extent. The sound accounting principles require that against the current year’s receipts, the true cost, which has been incurred for earning such receipts, has to be charged - against the current year’s receipts the true cost which has been incurred for earning such receipts has to be charged - original adjudicating authority has rightly ordered to credit the amount of refund to the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or not. The appellant s contention was that they had deposited the service tax under protest and the Assistant Commissioner dropped the show cause notice. As such the refund became applicable and they had paid the service tax without collecting the same from their clients. In his appeal, it was submitted that he has not charged service tax and education cess in the invoices issued for providing se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the refund is admissible but is not payable to the claimant and to be credited to the Consumer Welfare Fund, in terms of provisions contained under Section 83 of Finance Act, 1994 as the claimant could not prove that the incidence of service tax and interest has not been passed on to any other person. 5. I have gone through the rival contentions and judgments cited. It is the fact that ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ear s receipts, the true cost, which has been incurred for earning such receipts, has to be charged. This has been upheld by the Hon ble Gujarat High Court in case of DCW Ltd. Anr. v. Union of India reported in - 2006 (72) R.L.T. 103 (Guj.). The relevant extract of para 22 is reproduced as below. The underlying commercial principle which has been statutorily given recognition is that agains ..... X X X X Extracts X X X X X X X X Extracts X X X X
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