TMI Blog2023 (1) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... ellant have not taken any credit in their accounts, nor claiming transition refund by through Form TRAN-1 through GST regime. Further, it is found that appellant have passed the bar of unjust enrichment, as under the facts and circumstances they have not passed on any credit to their customers which is duly certified by their Chartered Accountant. Appeal allowed. - Service Tax Appeal No. 51562 of 2022 (SM) - FINAL ORDER NO. 50018 / 2023 - Dated:- 4-1-2023 - MR. ANIL CHOUDHARY, MEMBER (JUDICIAL) Mr. Sparsh Bhargava, Advocate for the Appellant Mr. Gopi Raman, Authorised Representative for the Respondent ORDER This appeal has been filed against rejection of refund claim of Rs. 19,73,966/- of Service Tax. 2. The app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d October 2016 to March 2017 and April 2017 to June 2017. The appellant also enclosed copy of challans by which they have deposited the service tax during January 2017 to June 2017 totalling Rs. 19,73,966/-, it was categorically mentioned that appellant have not recovered the service tax from their client, but the tax amount was deposited. 3. Pursuant to filing of refund application, show cause notice dated 16.10.2020 was issued proposing to disallow the refund claim on the ground of limitation and also directed to produce certain documents in support of the refund application. The appellant appeared before the Adjudicating Authority and filed their detailed reply dated July 30, 2021 and also enclosed their financial statements i.e. bala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring financial year 2017-18 in respect of all invoices for which refund claim have been filed and have also submitted financial statements for the financial year 2017-18, 2018- 19 2019-20, wherein the refund amount has been shown as amount receivable in the balance sheet. It was further observed that as the appellant have shown the amount refundable under the head 'other liability schedule and it is not understandable and the refund is liable for rejection, further observed that credit notes have been issued in both cases after six months from the date of invoice during the GST regime. Hence, there is possibility that customer of appellant might have utilised service tax credit or passed on the same through TRAN-1. To avoid such poss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) for refund of any amount of Cenvat credit/duty/tax/interest or any other amount paid under the existing law shall be disposed of in accordance with the provisions of the existing law and any amount eventually accruing to assessee shall be paid in cash, subject to passing of the bar of unjust enrichment, the limitation under the existing law have been done away with. 8. So far the issue of verification of duty receivable shown in financial statement/balance sheet, the same have been properly shown in the balance sheet as tax receivable and duly certified by Chartered Accountant and thus, rejection on this ground is basically due to misreading or failure on the part of the court below to read the statement properly. 9. So far, the gro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nvat credit account on 30.06.2017. Accordingly, he prays for allowing the appeal with consequential benefits. 11. Learned AR for revenue relies on the impugned order. 12. Having considered the rival contentions, I find that under the transitional provision Section 142 of CGST Act, limitation have been done away with for the purpose of refund arising under the existing law. I further find that appellant have demonstrated during the course of hearing by producing extracts from their accounts maintained on SAP system, wherein they have demonstrated that they have debited the invoices which were raised and no service was provided, and have also demonstrated the copies of credit notes issued to their customers. I further find that in the f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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