Abhishek Raja "Ram"
2 days ago
šš²ššš®š š ššŗšÆš®š¶ š„šš¹š¶š»š“ š¼š» š„š²š³šš»š± šš¹š®š¶šŗ š³š¼šæ šš š°š²šš š¦š²šæšš¶š°š² š§š®š š¢ š§šµš² š§šæš¶šÆšš»š®š¹ šµš²š¹š±: "Refund claim is not allowed as the Appellant had not filed a revised return as provided by the law. When the statute prescribes a specific manner, it must be strictly followed. Appeal dismissed."
š šš®š°šš: šš½š½š²š¹š¹š®š»š: M/s. East West Seeds India Pvt. Ltd. ššššš²: Refund claim for excess service tax due to revised trademark agreement denied as appellant failed to file revised ST-3 return timely.
āļø ššš±š“š²šŗš²š»š: The Tribunal dismissed the refund claim as the appellant failed to file a revised return per Rule 7B of the Service Tax Rules, 1994, and Section 142(9) of the CGST Act. It emphasized strict adherence to statutory procedures, making any deviation impermissible, and found the claim inadmissible without considering unjust enrichment.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. East West Seeds India Pvt. Ltd. vs. Commissioner of C.E. & ST, Aurangabad š¢šæš±š²šæ šš®šš²: 3 March 2023 š This ruling reinforces the importance of adhering strictly to procedural requirements under the statute for refund claims.
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