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Section 142(5) of the CGST Act governs post-GST refund claims for service tax paid under the existing law where the service was not provided. Such claims are to be disposed of under the existing law, with any refundable amount paid in cash subject to unjust enrichment. For a claim arising from cancellation of a flat booking, the relevant-date limitation was treated as inapplicable, so the date of cancellation versus the date of tax payment did not determine entitlement. The time-bar rejection was set aside, and refund with applicable interest was directed within two months.
Section 142(5) of the CGST Act governs post-GST refund claims for service tax paid under the existing law where the service was not provided. Such claims are to be disposed of under the existing law, with any refundable amount paid in cash subject to unjust enrichment. For a claim arising from cancellation of a flat booking, the relevant-date limitation was treated as inapplicable, so the date of cancellation versus the date of tax payment did not determine entitlement. The time-bar rejection was set aside, and refund with applicable interest was directed within two months.
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