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2018 (12) TMI 870 - AT - Service TaxAdjustment of advance received with the excess available during March, 2006 and March, 2007 - finalization of provisional assessment - Held that:- The scope of provisional assessment and the tax paid in terms of the same is always taken note while passing the final assessment Order. If the duty paid as per provisional assessment is less than the duty payable after final assessment, then the assessee is liable to make good the balance along with interest on the shortfall. The Hon’ble High Court of Karnataka in the case of M/s. Toyota Kirloskar Auto Parts Pvt. Ltd. [2011 (10) TMI 201 - KARNATAKA HIGH COURT], has considered this aspect and after considering the rival contentions and the relevant provisions of law, has held Even though the duty payable under the Act is to be calculated under each head of each case ultimately it is the total duty payable for all the goods which are the subject matter of the provisional assessment and final assessment which is to be taken into consideration. The appellant is correct in its assertion that there was no shortfall and no interest liability since the shortfall of ₹ 47,44,656/- was for 2006-07 - service tax paid subsequently/belatedly attracts interest, which is for the year 2006-07 alone - there was no interest liability for March, 2006 i.e., for 2005-06. Appeal allowed in part.
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