2024 (6) TMI 1481 - AT - Service Tax

Refund of excess service tax paid by the appellant due to an inadvertent mistake - rejection of refund on the ground that amount deposited was in the nature of service tax and Section 11B of the Central Excise Act 1944 will be applicable in such cases - time limitation. HELD THAT - The issue is no more Res-Integra. Following the judgment of Jurisdictional High Court and the decision of the Tribunal in the matter of M/s. DOOWON AUTOMOTIVE SYSTEMS INDIA PVT. LTD. VERSUS COMMISSIONER OF GST CENTRAL EXCISE CHENNAI 2022 (5) TMI 984 - CESTAT CHENNAI no limitation is applicable for refund in present appeal under Section 11B of the Central Excise Act 1944 as held by adjudication/appellate authorities. Moreover Hon ble High Court in the matter of KVR CONSTRUCTION 2012 (7) TMI 22 - KARNATAKA HIGH COURT also held that the amount paid by the appellant under mistaken information would not be the duty or service tax payable as per law. Therefore once it is not payable in law provisions of Section 11B of the Central Excise Act 1944 is not applicable. However on perusal of the impugned order it is evident that the refund claim was rejected by the adjudicating authority without considering the issue on merit and it is rejected only on the ground of limitation. Moreover on the perusal of document furnished by the appellant during hearing it is evident that though the appellant produced entire documents including Cenvat Register Demand Notes Register Service Tax Returns Service Tax Challans etc before the adjudicating authority appellant has not produced the co-relation of each invoice with excess amount as submitted before this Tribunal. In the absence of detail of excess payment against each invoice it may be not possible for the adjudicating authority to consider the issue on merit. Thus the claim is not hit by limitation as held by adjudicating or appellate authority - Appeal is disposed by way of remand directing the adjudication authority to verify the claim of the appellant on merit regarding claim of excess payment and if the adjudication authority is satisfied that there were excess payment than the service tax payable by the Appellant refund of excess amount shall be allowed.

Summary

The core legal questions considered in this appeal revolve around the entitlement to refund of excess service tax paid due to an inadvertent mistake, the applicability of limitation provisions under Section 11B of the Central Excise Act, 1944, and the interplay between the erstwhile service tax regime and the Goods and Services Tax (GST) framework. Specifically, the issues include:

1. Whether the appellant is entitled to refund of excess service tax paid on advances collected from customers but not adjusted against demand notes resulting in overpayment.

2. Whether the claim for refund is barred by limitation under Section 11B of the Central Excise Act, 1944, considering the introduction of GST and the provisions of the CGST Act.

3. Whether the excess amount paid, being not payable in law, falls outside the purview of Section 11B and thus the limitation therein is not applicable.

4. The proper interpretation and application of relevant judicial precedents and statutory provisions concerning refund claims of excess service tax paid prior to GST implementation.

Issue-wise Detailed Analysis

1. Entitlement to Refund of Excess Service Tax Paid

The appellant had collected advances from customers and paid service tax on these amounts. However, in certain cases, these advances were not adjusted against the consideration due on demand notes, resulting in payment of excess service tax. The appellant sought refund of this excess amount.

The legal framework involves the provisions of the Central Excise Act, 1944, particularly Section 11B dealing with refund claims, and the transition provisions under the CGST Act, notably Section 142(3) and 142(8)(b), which govern refund claims arising from the erstwhile service tax regime post-GST introduction.

Precedents such as the Tribunal decision in M/s. DOOWON AUTOMOTIVE SYSTEMS INDIA PVT. LTD. clarified that refund claims arising under the existing law before GST are to be disposed of under the existing law, except for the provisions of Section 11B(2) relating to unjust enrichment.

The appellant submitted detailed worksheets, Chartered Accountant certificates, and documentary evidence including Cenvat registers, demand notes, service tax returns, challans, and refund workings to substantiate the excess payment claim. These documents were made available to the adjudicating authority but were not considered on merit.

The Court noted that the adjudicating authority rejected the refund claim solely on limitation grounds without examining the substantive merits of the excess payment claim. The appellant was directed to provide detailed correlation of excess payment against each invoice to enable proper verification.

2. Applicability of Limitation under Section 11B of the Central Excise Act

The adjudicating and appellate authorities rejected the refund claim on the ground that it was barred by limitation under Section 11B of the Central Excise Act, which prescribes a one-year limitation period from the relevant date for refund claims.

However, the appellant relied on the overriding effect of the CGST Act, specifically Sections 142(3) and 142(8)(b), which provide that refund claims arising under the existing law after the appointed day (30th June 2017) are to be disposed of under the existing law but with exceptions to Section 11B(2) concerning unjust enrichment.

The Tribunal in DOOWON AUTOMOTIVE SYSTEMS INDIA PVT. LTD. held that no limitation under Section 11B applies to refund claims post-GST introduction due to the overriding provisions of the CGST Act. The Court concurred with this interpretation, observing that the limitation period under Section 11B does not apply to refund claims like the appellant's, especially where the claim arises from excess payment due to mistake.

3. Excess Payment Not Payable in Law and Exclusion from Section 11B

The appellant argued that the excess amount paid was not payable in law, thus it cannot be considered as service tax or duty payable attracting Section 11B. This argument was supported by judicial precedents including the High Court of Karnataka decision in COMMR. OF C.EX. (APPEALS), BANGALORE vs. KVR CONSTRUCTION, which held that amounts paid under a mistaken notion are not duties or service tax payable in law and hence outside the scope of Section 11B.

The Court also referred to decisions of various Benches of the Tribunal, including Central Mine Planning And Design Institute Ltd and Dell India Pvt. Ltd, which emphasized that Rule 6(4A) of the Service Tax Rules, 1994, should be liberally construed to allow adjustment or refund of excess payments to avoid violation of Article 265 of the Constitution (which prohibits levy or collection of taxes without authority of law).

These precedents support the principle that retention of excess tax paid due to mistake violates constitutional mandates and that no limitation applies to such refund claims.

4. Treatment of Competing Arguments and Final Determination

The adjudicating and appellate authorities relied on limitation under Section 11B to reject the refund claim without examining the merits, whereas the appellant contended that limitation does not apply due to the overriding CGST provisions and the nature of payment being not payable in law.

The Court acknowledged that while limitation does not bar the claim, the appellant had not furnished detailed invoice-wise correlation of excess payments before the adjudicating authority, which is necessary for verification on merit.

Therefore, the Court remanded the matter to the adjudicating authority directing it to verify the claim on merit after the appellant submits detailed documentation correlating excess payments to specific invoices. The adjudicating authority was directed to dispose of the refund claim expeditiously, preferably within three months, and provide reasonable opportunity of hearing to the appellant.

Significant Holdings

"Section 142(3) of CGST Act provides that after the appointed day (30th June 2017) every claim for refund of any duty, tax, interest, etc., under the existing law shall be disposed of in accordance with the provisions of the existing law... notwithstanding anything to the contrary contained under the provisions of existing law other than the provisions of subsection 2 of Section 11B (unjust enrichment) of Central Excise Act."

"No limitation is applicable as provided under Section 11B (one year from the relevant date), due to overriding effect of CGST Act."

"When once there was no compulsion or duty cast to pay this service tax, the amount paid by petitioner under mistaken notion would not be a duty or 'service tax' payable in law. Therefore, once it is not payable in law there was no authority for the department to retain such amount."

"Rule 6(4A) of Service Tax Rules 1994 has to be interpreted liberally to avoid violation of Article 265 of Constitution of India."

"The refund claim was rejected by the adjudicating authority without considering the issue on merit and it is rejected only on the ground of limitation."

"The claim is not hit by limitation as held by adjudicating or appellate authority."

"Adjudication authority is directed to verify the claim of the appellant on merit regarding claim of excess payment and if satisfied that there were excess payment than the service tax payable by the Appellant, refund of excess amount shall be allowed."

These principles establish that refund claims of excess service tax paid due to mistake are not barred by limitation under Section 11B after GST introduction; such payments are not service tax payable in law; and authorities must consider the merits of such claims with due procedural fairness and proper documentary verification.