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Service Tax - Highlights / Catch Notes

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Refund of Service Tax - Principles of unjust enrichment - The ...


Service provider's refund claim remanded for review after unjust enrichment denial; Credit Notes validated by Tribunal.

March 29, 2024

Case Laws     Service Tax     AT

Refund of Service Tax - Principles of unjust enrichment - The Appellate Tribunal reviewed a case where the appellant, a service provider, erroneously charged Service Tax, which was later found to be inapplicable due to a Board circular. The appellant issued Credit Notes and sought a refund, which was initially rejected based on the unjust enrichment clause. However, the Tribunal deemed the Credit Notes valid and instructed further verification. - Consequently, the matter was remanded to the Adjudicating Authority for proper examination within a specified timeframe.

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