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    <title>2020 (1) TMI 525 - CESTAT KOLKATA</title>
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    <description>Refund of Service Tax collected on exempt railway transportation of petroleum products was held maintainable in the hands of the service recipient, because refund lies with the person who actually bore the tax burden and did not pass it on. The Railway-issued STTG certificate, supported by the Ministry of Railways circular and Rule 9(1)(fa) of the Cenvat Credit Rules, was treated as acceptable evidence for refund or credit. On the facts, the certificate established that unjust enrichment did not apply, so the refund was not barred and consequential relief followed.</description>
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      <description>Refund of Service Tax collected on exempt railway transportation of petroleum products was held maintainable in the hands of the service recipient, because refund lies with the person who actually bore the tax burden and did not pass it on. The Railway-issued STTG certificate, supported by the Ministry of Railways circular and Rule 9(1)(fa) of the Cenvat Credit Rules, was treated as acceptable evidence for refund or credit. On the facts, the certificate established that unjust enrichment did not apply, so the refund was not barred and consequential relief followed.</description>
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