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2021 (8) TMI 654 - AT - Service TaxSeeking adjustment/appropriation of excess tax paid against net amount of interest payable - Penalty u/s 76 of FA - HELD THAT:- In the impugned order, the learned Commissioner has confirmed the demand of interest of ₹ 8,94,092/- under Section 75 of the Finance Act and on re-quantification, the Department itself has come to the amount of ₹ 7,22,523/- which is also incorrect as per the appellant because the interest has been calculated on a wrong amount as stated by the appellant. Hence, there is a divergence of opinion between the appellant and the Department regarding the quantification of the interest. The interest needs to be re-quantified again by the Department as per the statements made by the learned Counsel for the appellant. For this purpose, the matter is remanded back again to the Assistant Commissioner for re-quantification of the interest payable under Section 75 - Appeal allowed by way of remand.
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