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Issue ID: 111076
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Refund of Service Tax

Date 27 Oct 2016
Replies 7 Replies
Views 1279 Views
Asked by
Service tax refund: entitlement depends on contract terms; consumer or institute may pursue statutory refund procedures.
Refund of service tax for an educational course discontinued depends primarily on the contract between student and institute and on statutory refund procedures. If the agreement specifies a refund, the institute's contractual duty controls; absent such clause, institutes typically do not refund collected tax and litigation may be impractical. If the institute has refunded fees inclusive of tax, it may seek departmental recovery; alternatively, the consumer or the institute may apply for a departmental refund under the statutory refund mechanism, subject to procedural proof and the practical obstacle of unjust enrichment. (AI Summary)

I had been enrolled into GNIIT at NIIT Institute and is currently in process to obtain refund as the course was not completed.

I had paid approx 20k service tax as well and would like to know if there is any provision of refund of service tax in case a student opts out from an edu course as the services are not completely rendered.

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