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Service Tax - Highlights / Catch Notes

Home Highlights December 2022 Year 2022 This

Interest on delayed refund u/s 11BB - Cenvat Credit is in the ...


Supreme Court precedent ignored: Refund delay on unutilized Cenvat Credit for exports questioned u/s 11BB. Judicial discipline breached.

December 14, 2022

Case Laws     Service Tax     AT

Interest on delayed refund u/s 11BB - Cenvat Credit is in the nature of any duty/tax paid by the appellant or not - Refund of unutilized cenvat credit - export of services - Learned Commissioner seems to be not aware of the Principle of Judicial Discipline and in particular Article 141 of the Constitution of India, which provides that the decisions of the Hon'ble Supreme Court are binding on all the Courts in India and “all Courts” includes quasi-judicial authorities also, therefore he ought to have followed the law laid by the Hon'ble Supreme Court - AT

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