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Service Tax - Highlights / Catch Notes

Home Highlights February 2022 Year 2022 This

Refund of duty paid - applicability of principles of unjust ...

Case Laws     Service Tax

February 25, 2022

Refund of duty paid - applicability of principles of unjust enrichment - Commissioner (Appeals) has committed an error by holding the refund to hit by unjust enrichment merely on presumptive basis. No relevant evidence at all been discussed by him while coming to the said conclusion. Rather, the relevant evidence as was considered by Original adjudicating authority has miserably been ignored by the Appellate Authority - the question of adjudication as framed stands decided in favour of the appellant - AT

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