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    <title>2015 (2) TMI 141 - CESTAT NEW DELHI</title>
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    <description>Refund of service tax paid on erection, commissioning and installation services was held admissible where the services were stated to be exempt under the relevant notifications. The work orders showed that contractual consideration was inclusive of tax, and no separate service tax was recovered from the recipient. On those facts, the doctrine of unjust enrichment did not bar refund because passing on of the tax burden could not be inferred merely from an inclusive price arrangement. The Revenue&#039;s objection on unjust enrichment therefore failed.</description>
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      <description>Refund of service tax paid on erection, commissioning and installation services was held admissible where the services were stated to be exempt under the relevant notifications. The work orders showed that contractual consideration was inclusive of tax, and no separate service tax was recovered from the recipient. On those facts, the doctrine of unjust enrichment did not bar refund because passing on of the tax burden could not be inferred merely from an inclusive price arrangement. The Revenue&#039;s objection on unjust enrichment therefore failed.</description>
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      <pubDate>Fri, 11 Apr 2014 00:00:00 +0530</pubDate>
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