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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Facts:
An assessee, a service recipient, received services of transport of natural gas from M/s. RGTIL falling under “Transport of Goods other than Water through Pipeline or other Conduit Services.” Transmission charges payable are fixed by a regulatory body. Invoices are raised on the basis of the provisional rates notified. Later, the tariff was approved with retrospective effect resulting into a downward revision. The adjudicating authority allowed refund claim of the assessee for the proportionate excess service tax remitted by RGTIL and borne by him. Appellate authority reversed this order in appeal filed by the Revenue on the ground that claim was filed by the service receiver and that the expression “any person” in section 11B of the Central Excise Act, 1944 did not include the service receiver. The Tribunal allowed the refund. The Revenue raised two additional contentions before the High Court namely limitation for applying refund and principle of unjust enrichment.
Held:
The Additional issues raised were not accepted on the ground that they were not raised before and the observations of adjudicating authority allowing refund go in favour of assessee. The High Court relying on the decision of Mafatlal Industries Ltd. vs. Union of India 1997 (89) ELT 247 held that the assessee is entitled to claim a refund of excess service tax paid.