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    <title>2018 (6) TMI 335 - CESTAT MUMBAI</title>
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    <description>Service tax paid in response to an audit objection was treated as non-voluntary, so the payment could not be denied refund on the ground that it was made of the assessee&#039;s own volition. The assessee supported the refund claim with its balance sheet, rent agreement and a certificate from the service recipient showing that service tax had not been charged, which established a prima facie entitlement to refund on the basis of threshold exemption. The refund sanctioning authority was nevertheless required to verify the evidence of non-charging from the recipient before granting the claim, and the matter was remanded for that verification and sanction.</description>
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    <pubDate>Fri, 11 May 2018 00:00:00 +0530</pubDate>
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      <title>2018 (6) TMI 335 - CESTAT MUMBAI</title>
      <link>https://www.taxtmi.com/caselaws?id=361508</link>
      <description>Service tax paid in response to an audit objection was treated as non-voluntary, so the payment could not be denied refund on the ground that it was made of the assessee&#039;s own volition. The assessee supported the refund claim with its balance sheet, rent agreement and a certificate from the service recipient showing that service tax had not been charged, which established a prima facie entitlement to refund on the basis of threshold exemption. The refund sanctioning authority was nevertheless required to verify the evidence of non-charging from the recipient before granting the claim, and the matter was remanded for that verification and sanction.</description>
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      <pubDate>Fri, 11 May 2018 00:00:00 +0530</pubDate>
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