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    <title>2010 (3) TMI 481 - CESTAT, AHMEDABAD</title>
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    <description>The appeal was allowed in favor of the appellants in a case concerning a service tax refund claim for a branch of a company engaged in fan distribution. The Member (T) found that the appellants had made a strong prima facie case that the service tax was not passed on to customers, supported by a Chartered Accountant certificate and previous legal precedents. Despite disagreement from the Departmental Representative, the Member waived the pre-deposit requirement and unconditionally allowed the stay petition during the appeal process. The judgment underscored the importance of thoroughly examining evidence and verifying unjust enrichment claims in service tax refund cases.</description>
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    <pubDate>Tue, 30 Mar 2010 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=78126</link>
      <description>The appeal was allowed in favor of the appellants in a case concerning a service tax refund claim for a branch of a company engaged in fan distribution. The Member (T) found that the appellants had made a strong prima facie case that the service tax was not passed on to customers, supported by a Chartered Accountant certificate and previous legal precedents. Despite disagreement from the Departmental Representative, the Member waived the pre-deposit requirement and unconditionally allowed the stay petition during the appeal process. The judgment underscored the importance of thoroughly examining evidence and verifying unjust enrichment claims in service tax refund cases.</description>
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      <pubDate>Tue, 30 Mar 2010 00:00:00 +0530</pubDate>
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