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TMI Blog2019 (12) TMI 891X X X X Extracts X X X X X X X X Extracts X X X X ..... to FCI upon showing that the burden was not passed on to the consumer i.e. Department of Food and Supplies; and that HAFED would have to release the withheld amount equal to the service tax element incorrectly paid with the Tax Authorities. Accordingly, Mr.Sourabh Goyal, Counsel for the Revenue was directed to work out the mechanism for refund of aforesaid amount from one government institution t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the competent authority through FCI to the tenant- HAFED - petition disposed off as infructuous. - CWP 9791/2018 - - - Dated:- 16-12-2019 - Hon'ble Mr.Justice Jaswant Singh And Hon'ble Mr.Justice Sant Parkash Mr.BS Jaswal,Advocate for the petitioner Mr.Sourabh Goel,Sr.Standing Counsel for CBIC/ Mr.Deepak Balyan,Advocate Mr.Sandeep Goyal,Advocate Mr.Sumi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... valent to the Service Tax paid to the Tax Authorities. The petitioner firm having deposited the tax filed a claim for refund, which has been dismissed on the ground of limitation. On 4.7.2019, counsel for HAFED- respondents 4 and 5 prayed for time to seek instructions. During the course of hearing on 29.8.2019, it emerged that wrongly paid Service Tax could only be refunded to FCI upon s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within two months of such application/request in accordance with law. As regards,payment of lease money to the petitioner landlord, counsel for FCI/HAFED stated that the same shall be paid before next date of hearing. In view of attempted resolution in exercise of the extraordinary jurisdiction of this Court, it was made clear that none of the parties shall be entitled to interest eleme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... otice dated 13.12.2019 has also been issued to FCI. Further, learned counsel for the petitioner concedes that in terms of the order dated 24.9.2019 passed by this Court, petitioner-landlord has been paid due amount by HAFED, which was released by the competent n authority through FCI to the tenant- HAFED. In this view of the matter, counsel for the parties are ad idem that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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