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2015 (12) TMI 211 - CESTAT MUMBAIDenial of refund claim - Construction of residential complex service - appellant had not submitted the NOC from the builder and also in view of the letter of the builder requesting the Revenue not to refund the amount to the appellant in view of some pending case between builder and appellant before the Consumer Disputes Redressal Commission for the same matter - Held that:- As per the report dated 19.5.2014 received through the learned AR from the Assistant Commissioner (Refund), I find that the rejection of the refund claim vide order dated 7.7.2010 is bad in law and on fact and accordingly, I allow the interest to the appellant from the date on which the Revenue received the amount i.e. 18.6.2009 to the date of disbursement i.e. 8.7.2013 at such rate notified under the Rules. Such refund shall be disbursed to the appellant within a period of four weeks from the receipt of the order without waiting for any formal application for refund from the appellant. - Decided in favour of assessee.
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