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    <title>2026 (7) TMI 765 - CESTAT ALLAHABAD</title>
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    <description>Refund of service tax paid on the supply of ready-mix concrete is discussed as admissible where the transaction was a pure sale, the tax was paid under a mistaken belief of liability, and the amount collected from the customer was subsequently returned through credit notes and supporting records. These facts rebut unjust enrichment because the tax incidence was not retained by the assessee. The related interest payment is treated as part of the same mistaken deposit rather than duty, so the one-year limitation under Section 11B of the Central Excise Act, 1944 does not apply. Accordingly, both tax and interest refunds are described as available.</description>
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      <link>https://www.taxtmi.com/caselaws?id=794879</link>
      <description>Refund of service tax paid on the supply of ready-mix concrete is discussed as admissible where the transaction was a pure sale, the tax was paid under a mistaken belief of liability, and the amount collected from the customer was subsequently returned through credit notes and supporting records. These facts rebut unjust enrichment because the tax incidence was not retained by the assessee. The related interest payment is treated as part of the same mistaken deposit rather than duty, so the one-year limitation under Section 11B of the Central Excise Act, 1944 does not apply. Accordingly, both tax and interest refunds are described as available.</description>
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