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2008 (10) TMI 47 - RAJASTHAN HIGH COURT
Whether the claim to refund of service tax which has been paid in excess wrongly could have been refused – in respect of service tax, there is no provision in statue for assessment - tribunal is not justified in rejecting the refund claim on the ground that assessee has not challenged assessment order – matter is remanded – as no order capable of being appealed against, had ever been passed, tribunal is not justified in holding that assessee could file appeal against the assessment order