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    <title>2023 (3) TMI 1369 - CESTAT MUMBAI</title>
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    <description>Excess service tax paid in advance under Rule 6(1A) of the Service Tax Rules, 1994 was treated as an advance deposit with the Central Government, not as a tax payment attracting the usual refund limitation. The text states that such advance deposits stand on the same footing as amounts in an assessee&#039;s account current or Personal Ledger Account, and are regarded as the assessee&#039;s property. Limitation applies only to amounts actually paid as service tax, not to advance sums paid in excess of the liability. On that basis, the refund claim was held not to be time-barred and the excess amount was refundable.</description>
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      <link>https://www.taxtmi.com/caselaws?id=308260</link>
      <description>Excess service tax paid in advance under Rule 6(1A) of the Service Tax Rules, 1994 was treated as an advance deposit with the Central Government, not as a tax payment attracting the usual refund limitation. The text states that such advance deposits stand on the same footing as amounts in an assessee&#039;s account current or Personal Ledger Account, and are regarded as the assessee&#039;s property. Limitation applies only to amounts actually paid as service tax, not to advance sums paid in excess of the liability. On that basis, the refund claim was held not to be time-barred and the excess amount was refundable.</description>
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