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Service Tax - Highlights / Catch Notes

Home Highlights December 2022 Year 2022 This

Refund claim - rejection of claim on the ground of nondisclosure ...


Refund Claim Denied Due to Non-Disclosure in ST-3; Case Remanded for Fresh Decision After Manual Verification.

December 28, 2022

Case Laws     Service Tax     AT

Refund claim - rejection of claim on the ground of nondisclosure of availment of Cenvat Credit in ST-3 Returns - the mistake committed by the appellant is merely a procedural lapse which they tried to rectify immediately thereafter but were not permitted and substantial relief was denied to them, which is not permissible in law. Admittedly the ST-3 Returns manually filed by the Appellants were not verified as the same were not accepted by the authority below - the justice demands that the impugned order be set aside and the matter be remanded to the Original Authority for deciding the issued afresh after verification of ST-3 returns filed by the appellant manually. - AT

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