9911796707
TMI Blog2009 (11) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1944 seeking refund of Service Tax paid by them for the period from 1-4-2003 to 31-3-2004 vide TR-6 Challans dated 23-7-2003, 24-10-2003, 23-1-2004 and 23-4-2004 for Rs. 8,842, Rs. 41,664, Rs. 38,357 and Rs. 29,799 respectively stating that they are SEBI registered sub-broker and they do not come under the purview of Service Tax. The assessees have also furnished a certificate issued by their stock-broker M/s. Balaji Equities Limited, Hyderabad, to the extent that service tax on the services rendered by his sub-broker are being remitted by him regularly. 3. The refund claim has been filed in the light of the definitions to the "Stock-broker" and "Taxable Service" defined at section 65(105)(a) and section 65(101) of the Finance Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... properly. He would draw our attention to the findings recorded by the learned Commissioner and submit that all the information was submitted by them. As regards the non-passing of the incidence of service tax was verified by lower authorities. Consequent to such verification only the refund was sanctioned. 6. Learned departmental representative on the other hand would submit that the doctrine of unjust enrichment will apply in this case. Having not cross the hurdle, review order setting aside the Order-in-Original is correct. He would also submit that the appellants have failed to prove that the incidence of tax has been passed on. 7. We have considered the submissions made a length by both sides and pursued the records. The findings of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y virtue of section 3 of the Finance Act, 1994. The assessees have filed the refund claim in proper form on 12-8-2004. As per the provisions of section 11B of the CE Act, 1944 the refund claim is to be filed within the period of 1 year from the relevant date. Therefore, the refund claim for Rs. 8,942 paid by the assessees vide FR6 Challan dated 23-7-2003 becomes ineligible for grant of refund. The Range Officer, Service tax Range Eluru vide his verification report dated 20-8-2004 has stated that even though the assessees have claimed themselves as SEBI registered sub-broker, the registration certificate was issued under the category of Stock Brokers. Further, the Range Officer has submitted that the assessees have credited the service tax e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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