Service tax Query

This query is : Resolved

Varsha (Querist)
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22 June 2009 Can anyone help me on this query?

Actually Service tax on a service is declared unconstitutional by one High Court & possibly judgement will be upheld by Supreme Court.

If in the above case Service tax has already paid, Can refund be claimed?

or If I had already provided the service, & service tax on that service not paid then what is the consequence?

Sanjeev Kumar

Sanjeev Kumar (Expert)
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22 June 2009 YES, but, if the service receiver i.e. tenant already claimed CENVAT of service tax paid to landlord than.....need to check facts.?
because this already held un-constitutional by the DHC and Hob'ble SC refuse to grant stay on the DHC and issued notice to Govt. so, in the current possition it seems there is no foult in your end.