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    <title>2026 (7) TMI 764 - CESTAT NEW DELHI</title>
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    <description>Refund claims under section 142(5) of the CGST Act for cesses paid on services that were ultimately not provided are addressed through the existing-law framework. The notes state that such claims should not be rejected merely because they were filed after the original tax payment, since entitlement arises from the non-provision of service. They further explain that unjust enrichment does not apply where the refunded amount is returned to the person from whom it was received through the applicable service-tax refund mechanism, including an intermediary or financing channel. On this basis, the notes identify entitlement to refund and rejection of the limitation and unjust-enrichment objections.</description>
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      <link>https://www.taxtmi.com/caselaws?id=794878</link>
      <description>Refund claims under section 142(5) of the CGST Act for cesses paid on services that were ultimately not provided are addressed through the existing-law framework. The notes state that such claims should not be rejected merely because they were filed after the original tax payment, since entitlement arises from the non-provision of service. They further explain that unjust enrichment does not apply where the refunded amount is returned to the person from whom it was received through the applicable service-tax refund mechanism, including an intermediary or financing channel. On this basis, the notes identify entitlement to refund and rejection of the limitation and unjust-enrichment objections.</description>
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