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Service tax refund

Service Tax - Started By: - avneesh kumar - Dated:- 21-9-2015 Last Replied Date:- 23-9-2015 - I person deposited service tax by mistake now he made application to A.CC after 1 year for refund but A.C refused to grant refund on the basis that refund is time barred, plz tell me whether A.C. is wrong or right, there is any case law - Reply By KASTURI SETHI - The Reply = Service Tax collected/deposited without authority of law is 'an amount' and not Service Tax. It is unconstitutional. Hence .....

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escribed under Section 11B if Central Excise Act, 1944 as made applicable to Finance Act, 1994 is not applicable and hence you are eligible for refund since the amount depo0sited is not service tax as per law and it is a mere deposit of amount. - Reply By CS RAHUL AGARWAL - The Reply = To add on to what Kasturi Sir said, where the amount of tax was not liable to be taxed the time limit made applicable to refund shall not be applicable as it would be deemed to hold as deposit by the department.Ab .....

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-on the basis of this SCN or final order of A.C3- to whose authority the appeal can file - Reply By avneesh kumar - The Reply = thank to all of you who are give me their valuable suggestions - Reply By CS RAHUL AGARWAL - The Reply = even though they do not replied to SCN so issued, and still demand order is not adjudged, reply to SCN can be made stating any reasonable ground for such delay in response.Further, appeal can only be filled only when the final demand order is given under seal by A.C/ .....

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r (Appeals). You cannot file appeal against the SCN direct. In case of non-reply to the SCN, the case will be adjudicated ex parte. Non-filing will weaken your claim of refund. - Reply By CS RAHUL AGARWAL - The Reply = Thank you so much Kasturi Sir for sharing your highly valuable and enriched knowledge with us. Sir, cant the reply to SCN in such cases, be made belatedly with a strong reasonable ground ? Is it compulsory to apply for extension before filing reply?? What if i file reply with dela .....

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