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TMI Blog2006 (5) TMI 498X X X X Extracts X X X X X X X X Extracts X X X X ..... ambit of Banking and other Financial Services as per the Finance Act, 1994, they got registered under Service Tax and started paying Service Tax. Due to various reasons and the default of the customers, they paid Service Tax in excess of ₹ 1,43,47,238/- for the period from July 2001 to March 2002. In many cases, there was default by the customers and as a result, the Service Tax payable to the Government was not less than what they had paid. This is the reason for claiming refund. In view of the voluminous record, they submitted documentary evidence on Compact Discs (CDs). Initially, the jurisdictional authority rejected the refund claim on the ground that the evidence in the form of CDs is not acceptable. However, the respondents ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w Show Cause Notice was issued by invoking the provisions of Section 86 of the Finance Act, 1994. In the review Show Cause Notice, it is clearly spelt out that the concerned Assistant Commissioner granted erroneous refund in total disregard of legal provisions and the principles of unjust enrichment. 3. Shri K. Sambi Reddy, the learned JDR reiterated the Grounds of Appeal. 4. Shri A.R. Krishnan, the learned Chartered Accountant, appeared for the respondents and he urged the following points:- (i) Revenue has raised two grounds against the OIA. One is regarding the non-examination of unjust enrichment aspect. The other point is that the incidence of duty is passed on to the customer as invoice has been raised. The Commissioner (App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (vi) The question of unjust enrichment does not arise when the Service Tax is not received from the customers even if invoice is issued. (vii) Payment of Service Tax is only on the value of taxable services received. Therefore, if the amount is short realized, it follows automatically that the incidence of duty on excess amount billed has not been passed on to the customers notwithstanding the issue of credit notes. The Central Excise cases cannot be blindly applied to the Service Tax matters. 5. We have gone through the records of the case carefully. In the present case, initially, the Commissioner (Appeals) granted relief to the respondents. Revenue s application for stay of the Commissioner (Appeals) s order has been dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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