KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
TPI ADVISORY SERVICES INDIA PRIVATE LIMITED – Appellant
Versus
THE COMMISSIONER OF CENTRAL TAX – Respondent
This appeal is admitted to consider the following
substantial questions of law:
a) <Whether in the facts and circumstances of the case,
the Tribunal was justified in dismissing the appeal of
the Appellant thereby upholding rejection of refund
claim of the service tax paid by the Appellant despite
the fact that they had also paid Goods and Service Tax
(GST) on the very same transaction which had
resulted in payment of tax twice-over in respect of the
very same transaction?
b) Whether in the facts and circumstances of the case,
the Tribunal was right in law in rejecting the claim for
refund of service tax when it was an undisputed fact
that the service tax invoices were subsequently
cancelled by issuing credit notes to the customers
which had the effect that payment of service tax on
such cancelled invoices were not required as per law
and hence there was no liability to pay service tax on
cancelled tax invoices?
c) Whether the Order of the Hon9ble Tribunal is in
accordance with the provisions of Rule 6(3) of the
Service Tax Rules, 1994 when the parties renegotiated
3
the invoices issued under the Finance Act, 1994 and
the Appellant had issued a credit note which
annulled/cancell
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