Refund claims involving tax paid under a mistaken understanding...

Refund claims involving tax paid under a mistaken understanding of service-tax liability turn on unjust enrichment and the character of the payment. Where the amount collected from a buyer is reversed through credit notes, supported by fund transfers and confirmations from the buyer and Chartered Accountant, the presumption that the tax burden was passed on may be rebutted, permitting refund. Amounts paid under a mistake of law may remain deposits rather than duty; consequential interest may likewise lack the character of duty. On that basis, limitation and the refund mechanism under Section 11B may not apply to such payments, while unjust enrichment does not bar refund after the incidence has been returned to the buyer.

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