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    <title>2021 (7) TMI 360 - CESTAT NEW DELHI</title>
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    <description>Where service tax was paid on a transaction that was later cancelled and the sale consideration had been refunded to the buyer, the relevant date for limitation was the date of refund of the consideration, not the original tax deposit. The refund application was therefore within the prescribed one-year period and not time-barred. On unjust enrichment, the refund was not denied because the tax amount was not retained as a benefit by the assessee and was liable to be returned to the same buyer. The refund rejection was held unsustainable and refund was directed.</description>
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    <pubDate>Fri, 25 Jun 2021 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=409518</link>
      <description>Where service tax was paid on a transaction that was later cancelled and the sale consideration had been refunded to the buyer, the relevant date for limitation was the date of refund of the consideration, not the original tax deposit. The refund application was therefore within the prescribed one-year period and not time-barred. On unjust enrichment, the refund was not denied because the tax amount was not retained as a benefit by the assessee and was liable to be returned to the same buyer. The refund rejection was held unsustainable and refund was directed.</description>
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      <pubDate>Fri, 25 Jun 2021 00:00:00 +0530</pubDate>
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