Service Tax Refund is not admissible after expiry of Time limitation

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Studycafe | Apr 8, 2020 | Views 1884664

Service Tax Refund is not admissible after expiry of Time limitation

Service Tax Refund is not admissible after expiry of Time limitation

Relevant Extract of Order is given below:

In the aforesaid circumstances, we find that the decisions relied on by the appellant in his support were passed without appreciating the decision of Hon’ble Apex Court in the case of Doaba Co-operative Sugar Mills (supra) and in the case of Mafatlal Industries Limited vs. UOI – 1997 (89) ELT 247 (SC). In both these decisions it has been categorically held that refund under Central Excise Act would be governed by Section 11B. In these circumstances, we find that the refund claim filed by the appellant would be governed by the provisions of limitation prescribed under Section 11B of Central Excise Act, 1944. Since the refund was filed after expiry of limitation the same cannot be entertained.

7. As regards the issue of unjust-enrichment, we find the same is not dealt in the impugned order. This question would not arise as a refund is not sanctioned on merit. In these circumstances, refund is not admissible being barred by limitation as prescribed under Section 11B of Central Excise Act, 1944. In view of the claim being barred by limitation, other issues do not remain relevant.

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Tags: Judgement, Appellant Tribunal, CESTAT, Service Tax, Excise

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