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Ganaraj Travels Versus Commissioner of Central Excise, Nagpur

2015 (11) TMI 620 - CESTAT MUMBAI

Denial of refund claim - unjust enrichment - Tour Operator Services - Held that:- Appellant's argument regarding non-consideration of various facts by both the lower authorities will not carry the case any further, as rightly pointed out by the learn .....

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lant and principles of unjust enrichment gets attracted (I was one of the member of the said bench). According I hold that question of unjust enrichment is not satisfactorily explained by the appellant and it has to be held that they have passed on t .....

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Per M V Ravindran This appeal is directed against Order-in-Appeal No. PVR/265/NGP/2012 dated 31-12-2012. 2. Heard both sides and perused the records. 3. The issue involved in this case is regarding the refund claim of the service tax paid by the appe .....

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ed towards the services rendered. 4. Learned Chartered Accountant would submits that the appellant had discharged the service tax liability calculated the amount of service tax liability and has paid the same from his pocket; category of tours that t .....

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ite such overwhelming evidences, both the lower authorities have held that there is tax liability has been collected. 5. Learned departmental representative would submit that the issue is now covered by the order of this bench in the case of Hardesh .....

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