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Service Tax - Highlights / Catch Notes

Home Highlights March 2023 Year 2023 This

Refund - fresh issue of SCN after decision of CESTAT in favor of ...


Assistant Commissioner Issues New SCN Challenging Tribunal Decision; Possible Interest Obligation u/s 11BB of Excise Act.

March 6, 2023

Case Laws     Service Tax     AT

Refund - fresh issue of SCN after decision of CESTAT in favor of assessee and remand back - the show cause notice that was again issued by a different Assistant Commissioner on 05.05.2020 when the appellant filed an application for implementing the said decision of the Tribunal, seeks to not only nullify the decision of the Tribunal but also seeks to re-open the issues that had earlier settled by the Assistant Commissioner. - The uncalled for action of the Assistant Commissioner in denying refund to the appellant would also result in payment of an amount towards interest under section 11BB of the Excise Act to the appellant. - AT

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