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TMI Blog2014 (9) TMI 976X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Rajender Kumar, Advocate, for the Respondent. ORDER Revenue is in appeal against the impugned order wherein the learned Commissioner (Appeals) sanctioned the refund claim of Rs. 40 lakhs with interest to the respondent. 2. Brief facts of the case are that an investigation was carried out in the respondent's firm to examine the activities undertaken by them. During the course of investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed the refund claim along with interest. Being aggrieved by the said order the Revenue is in appeal on the ground that the lower authority while sanctioning the refund claim has not examined the issue of unjust enrichment. 3. Heard both sides. 4. Learned AR submits that in this case while sanctioning the refund claim the learned Commissioner (Appeals) held that the amount paid by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of Motor Industries Co. Ltd. v. CC (Chennai) - 2005 (188) E.L.T. 315, CCE v. Ravishankar Industries - 2002 (150) E.L.T. 1317 and Airlight Electronics (P) Ltd. v. CCE, Faridabad - 2004 (177) E.L.T. 971 (T). 6. Considered the submissions made by both sides. 7. In this case, during the course of investigation, the respondent himself has paid the Service Tax under the category o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1944 are not applicable to the facts of this case as it is a pre-deposit, as they have paid the Service Tax under the Head of Management Consultancy Service and thereafter sought change of classification. The case law, relied upon by the learned Counsel are not applicable to the facts of this case. As Service Tax has been paid by the respondent during the course of investigation therefore, te ..... X X X X Extracts X X X X X X X X Extracts X X X X
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