Service Tax Refund Required When No Service Provided; Point of Taxation Rules, 2011 Not Applicable in Flat Cancellation.

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....Refund of Service Tax amount - Once it has been held that there is no service then by any stretch ‘Point of Taxation Rules, 2011’ can’t be roped in - amount returned/refunded to the buyer alongwith the advance amount paid, by the builder, upon the cancellation of the two flats booked by the said buyer - The net effect is that now the amount, which earlier has been deposited as tax, is merely a deposit with the department and the department has to return it to the concerned person i.e. the assessee. - AT....