The case involves a refund of service tax paid by the appellant ...

Appellant wins refund claim for non-commercial project, no service tax liability.

Case Laws     Service Tax

August 13, 2024

The case involves a refund of service tax paid by the appellant for works contract services related to a drinking water supply pipeline project. The issue addressed was whether the activity qualifies as a taxable service under "Work Contract Service." The Tribunal held that the appellant is not liable for service tax as the project was for non-commercial, non-industrial purposes. The refund claims were contested u/s 11B of the Central Excise Act, but the Tribunal ruled in favor of the appellant, stating the service tax was paid under a mistake of law. Additionally, the claim was not barred by unjust enrichment as the appellant bore the tax burden. The Tribunal directed the adjudicating authority to process the refund claim promptly.

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