2022 (11) TMI 692 - AT - Service Tax
Refund claim - burden of tax has been passed on or not - applicability of unjust enrichment - HELD THAT:- In the facts and circumstances, the appellant have not passed on the burden of tax to any third person or to the buyer of the flats. In the facts and circumstance, it is the appellant who has borne the burden of tax. It does not make any difference whether the amount is debited in the profit and loss account or it is shown as amount receiveable on the asset side in the balance sheet, in either case the burden falls on the appellant-assessee only.
The appellant has passed the test of unjust enrichment - Appeal allowed.