Refund of Service Tax - Payment of tax as a mistake of law - ...

Contractor's Mistaken Tax Payment Must Be Refunded; Limitation Period Not Applicable for Mistake of Law.

April 27, 2024

Case Laws Service Tax HC

Refund of Service Tax - Payment of tax as a mistake of law - Period of limitation - The High Court held that if the contractor was not liable to pay tax, the department cannot withhold the amount paid, and the limitation under Section 11B cannot be invoked. Upon examination, the High Court determined that previous judgments from various High Courts established a clear precedent: when tax is paid mistakenly as a mistake of law, the limitation under Section 11B does not pose a barrier to refund.

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Refund of Service Tax - Payment of tax as a mistake of law - ...

Contractor's Mistaken Tax Payment Must Be Refunded; Limitation Period Not Applicable for Mistake of Law.

April 27, 2024

Case Laws Service Tax HC

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