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Service Tax - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

The case before CESTAT Bangalore involved a refund claim for ...


Refund claim for Service Tax paid under reverse charge mechanism. Claim was Time-barred, revenue succeeds.

May 30, 2024

Case Laws     Service Tax     AT

The case before CESTAT Bangalore involved a refund claim for Service Tax paid under protest for Consultancy Services received from abroad under reverse charge mechanism. The respondent deposited the tax, interest, and penalty within the prescribed time period. The absence of evidence showing payments made under protest led to the claim being considered time-barred. The respondent had paid the tax based on an audit letter and had informed the authorities accordingly. As the tax was paid under the relevant provisions without any mistake of law. The decision upheld the provisions of u/s 11B of the Central Excise Act, 1944. The appeal by the Revenue was allowed.

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