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The CESTAT ruled that refund claims for service tax paid on mobilization advances for services never rendered are not subject to the limitation period under section 11B of the Central Excise Act, 1944. Unlike excise duty, which becomes payable upon goods clearance, service tax liability arises only when a taxable service is actually rendered and consideration transferred. Since no taxable service existed in this case, the payment constituted a deposit made under mistaken belief rather than tax collected. The Tribunal distinguished this from tax payments requiring section 11B scrutiny, restoring the original refund sanction granted by the lower authority. Appeal allowed.
The CESTAT ruled that refund claims for service tax paid on mobilization advances for services never rendered are not subject to the limitation period under section 11B of the Central Excise Act, 1944. Unlike excise duty, which becomes payable upon goods clearance, service tax liability arises only when a taxable service is actually rendered and consideration transferred. Since no taxable service existed in this case, the payment constituted a deposit made under mistaken belief rather than tax collected. The Tribunal distinguished this from tax payments requiring section 11B scrutiny, restoring the original refund sanction granted by the lower authority. Appeal allowed.
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