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2023 (10) TMI 528 - AT - Service TaxCENVAT Credit - banking and financial service used by the appellant in providing Renting of Immovable Property service - Short paid interest on delayed payment of service tax - Interest rate be 15% or 25% for belated payment of service tax? CENVAT Credit - Banking and financial service used by the appellant in providing Renting of Immovable Property service - HELD THAT:- Reliance placed in OBERON EDIFICES & ESTATES PVT LTD VERSUS COMMISSIONER OF CENTRAL EXCISE, CUSTOMS & SERVICE TAX, COCHIN [2023 (9) TMI 769 - CESTAT BANGALORE], it was held that various input services used in providing Rental of Immovable Property service are admissible to CENVAT credit. Following the aforesaid decision of this Tribunal, it is opined that CENVAT Credit availed on ‘banking and financial services’ used in providing Renting of Immovable Property service is admissible. Demand of differential interest for the respective periods - HELD THAT:- The department has specifically alleged in the notice that the appellant had collected rent on monthly basis along with service tax from the tenants; however, they have not deposited service tax so collected as on due date - On being inquired during the course of hearing to place the invoices under which rent was collected from the tennants, the ld. Advocate for the appellant expressed inability to produce a single copy of the invoices. Thus, the appellant could not establish that service tax was not collected earlier, hence could not be deposited before the due date - there are no merit in the contention of the ld. Advocate that their case falls under Sl. No. 2 of Notification No. 13/2016-ST dated 01.03.2016 - the applicable interest would be @24% on the service tax amount paid belatedly even though collected from service receivers. Appeal allowed in part.
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