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    <title>2024 (3) TMI 501 - CESTAT ALLAHABAD</title>
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    <description>Refund of service tax paid on booking advances, later returned on cancellation of the allotment, was held not to be barred by limitation because the claim was treated as falling within the transitional refund framework under the CGST Act rather than the one-year limit under section 11B of the Central Excise Act. Where the underlying service transaction never materialised and the consideration was refunded, no taxable service survived and the amount could not be retained by the Revenue. The Tribunal accordingly treated the excess tax as refundable and granted consequential relief.</description>
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      <link>https://www.taxtmi.com/caselaws?id=450720</link>
      <description>Refund of service tax paid on booking advances, later returned on cancellation of the allotment, was held not to be barred by limitation because the claim was treated as falling within the transitional refund framework under the CGST Act rather than the one-year limit under section 11B of the Central Excise Act. Where the underlying service transaction never materialised and the consideration was refunded, no taxable service survived and the amount could not be retained by the Revenue. The Tribunal accordingly treated the excess tax as refundable and granted consequential relief.</description>
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