2010 (8) TMI 222

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....fer funds to M/s. Suzuki Motor Cycle India Pvt. Ltd. in India. Suzuki Motor Corporation, Japan approached the Tokyo Branch of Bank of Tokyo, Japan for effecting transfer of funds and they, in turn, advised New Delhi Branch of Bank of Tokyo and on their advice, a sum of Rs. 168.3 crores was transferred on 1-8-07 to Suzuki Motor Cycle India Pvt. Ltd. The New Delhi branch of Bank of Tokyo apart from raising a debit note for Rs. 168.3 crores of fund transferred also raised a debit note for Rs. 42,07,500/- along with service tax amount of Rs. 5,20,000/- on 24-8-2007 on Tokyo Branch of Tokyo. As a registered service tax assessee, the Bank of Tokyo, New Delhi branch deposited to the Government Account the amount of Rs. 5,20,000/- on 5-9-2007. 3.2....

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....of Bank of Tokyo. Entries relating to service tax has also been reversed and the Bank of Tokyo, New Delhi has not collected any service tax from any third party. Therefore, be submits that the refund claim is not barred by unjust enrichment. He relies on the decision of the Tribunal in the case of Precot Mills Ltd. v C.C.E., Tirupati reported in 2006 (2) S.T.R. 495 wherein it has been held that the transaction between two units of the same legal entities cannot be treated as involving relationship of the service provider and client. 5. Learned DR. strongly supports the order of the Commissioner (Appeals). Since New Delhi Branch of Bank of Tokyo has chosen to raise bill by way of debit note for service charges to Tokyo Branch of Bank ....