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    <title>2018 (5) TMI 920 - CESTAT BANGALORE</title>
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    <description>The Tribunal allowed the appeal, finding that the refund claim for service tax paid by a partnership firm engaged in construction was not time-barred. The appellant&#039;s claim of &amp;amp;8377; 76,64,734/- was partially granted, with a refund of &amp;amp;8377; 39,65,384/- approved, based on judicial precedents supporting refund claims due to mutual mistakes between the assessee and the tax department. The Tribunal held that the claim, filed within one year of a circular clarifying non-liability for service tax, was within the limitation period as per Section 11B of the CEA, 1944. The case was remanded for reconsideration within the limitation period and on merit.</description>
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      <link>https://www.taxtmi.com/caselaws?id=360356</link>
      <description>The Tribunal allowed the appeal, finding that the refund claim for service tax paid by a partnership firm engaged in construction was not time-barred. The appellant&#039;s claim of &amp;amp;8377; 76,64,734/- was partially granted, with a refund of &amp;amp;8377; 39,65,384/- approved, based on judicial precedents supporting refund claims due to mutual mistakes between the assessee and the tax department. The Tribunal held that the claim, filed within one year of a circular clarifying non-liability for service tax, was within the limitation period as per Section 11B of the CEA, 1944. The case was remanded for reconsideration within the limitation period and on merit.</description>
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