https://www.taxtmi.com/caselaws?id=465172 Refund claims under the erstwhile service tax regime were held admissible where service tax had been paid on booking amounts and the bookings were later cancelled with the consideration returned. The Tribunal held that refund claims arising under section 142(5) of the CGST Act must be examined under the existing law, and the limitation in section 11B of the Central Excise Act cannot be used to reject them. It also held that once the underlying taxable service ceased on cancellation, the amount retained the character of a refundable deposit rather than tax lawfully due, and transitional provisions preserved the assessee's accrued refund right. Retention by the department was inconsistent with article 265. en-us Thu, 14 Mar 2024 00:00:00 +0530 Tue, 09 Dec 2025 13:38:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=465172 Refund claims under the erstwhile service tax regime were held admissible where service tax had been paid on booking amounts and the bookings were later cancelled with the consideration returned. The Tribunal held that refund claims arising under section 142(5) of the CGST Act must be examined under the existing law, and the limitation in section 11B of the Central Excise Act cannot be used to reject them. It also held that once the underlying taxable service ceased on cancellation, the amount retained the character of a refundable deposit rather than tax lawfully due, and transitional provisions preserved the assessee's accrued refund right. Retention by the department was inconsistent with article 265. Case-Laws Service Tax Thu, 14 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=465172