2018 (11) TMI 1395 – BOMBAY HIGH COURT – TMI – Refund of service tax paid on brokerage charges collected from the Foreign Institutional Investors – Unjust enrichment – assessee had paid service tax on the amount actually received on cum tax value – export of services – Held that:- The impugned order of the Tribunal, after holding on merits that, services rendered by the Respondent to the Foreign Institutional Investors were in the nature of export of services – further, in view of the proviso (a) to Section 11B (2) of the Act, no question of unjust enrichment can arise in case of export of services – the view taken by the Tribunal cannot be found fault with – the proposed question does not give rise to any substantial question of law – app
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t enrichment is applicable in the facts and circumstances of the case? 3. The Respondent has filed refund claim on 29th December, 2004 in respect of service tax paid by them for the period December 2003 to October, 2004 on brokerage charges collected from the Foreign Institutional Investors. 4. The Deputy Commissioner issued a show cause notice dated 3rd March, 2005, seeking to reject the above refund application dated 29th December, 2004 on the ground of unjust enrichment. This, by placing reliance upon sub-section (2) of Section 11 B of the Central Excise Act, 1944, as made applicable to Service tax by Section 83 of Finance Act, 1994. 5. The impugned order of the Tribunal, after holding on merits that, services rendered by the Respondent
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