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2009 (9) TMI 216 - HC - Service TaxReimbursement of Service Tax – Payable by DDA – The Petitioner seeks a direction under Article 226 of Constitution of India to the respondent/DDA to reimburse the service tax deposited by the petitioner and not to discriminate the petitioner. - In the present circumstances the agreement between the parties does not stipulate that the respondent is liable for the Service Tax the correspondence on which the petitioner rely do not reflect any admission on the part of the respondent to pay the service tax nor there is any admission to pay the interest. - On the basis of the letter dated 17th September, 2007 it is contended that since the letter dated 28th July, 2007 forms part of the agreement and the said letter stipulates about applicability of the service tax - Held that - the petitioner is not entitled to invoke the remedy of invoking writ jurisdiction under Article 226 of the Constitution of India for recovery of alleged amount of Rs.60,19,872/- on account of service tax with interest at 12% from the date of first payment of the service tax in the facts and circumstances of this case. The writ petition dismissed.
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