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    <title>2011 (7) TMI 748 - CESTAT, MUMBAI</title>
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    <description>The court held that the power of remand by the Commissioner (Appeals) was removed by an amendment in Section 35A. The refund claim was deemed time-barred as it exceeded the six-month limit. The amendment in Notification No. 17/2009 was not applicable retroactively. The appellant was eligible for a refund on service tax paid for technical testing and CHA services under Notification No. 41/2007 based on evidence provided. The court rejected the refund claim for a specific period but allowed the refund for the mentioned services, ensuring consistency in tax regulations and benefit provisions.</description>
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    <pubDate>Wed, 20 Jul 2011 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=210945</link>
      <description>The court held that the power of remand by the Commissioner (Appeals) was removed by an amendment in Section 35A. The refund claim was deemed time-barred as it exceeded the six-month limit. The amendment in Notification No. 17/2009 was not applicable retroactively. The appellant was eligible for a refund on service tax paid for technical testing and CHA services under Notification No. 41/2007 based on evidence provided. The court rejected the refund claim for a specific period but allowed the refund for the mentioned services, ensuring consistency in tax regulations and benefit provisions.</description>
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      <pubDate>Wed, 20 Jul 2011 00:00:00 +0530</pubDate>
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