Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2014 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (12) TMI 243 - CESTAT BANGALOREInterest on delayed payment of tax - Section 75 - Provisional assessment - Held that:- There is no final assessment order at all. This situation is covered by the decision of Hon’ble High Court of Bombay in the case of Commissioner Central Excise, Nagpur v. ISPAT Industries Ltd. - [2010 (10) TMI 178 - BOMBAY HIGH COURT] wherein Hon’ble High Court took the view that if differential duty was paid even before final assessment was made, the assessee is not liable to pay interest. Further, this decision was followed by the Tribunal in the case of Tata Motors Ltd. [2011 (3) TMI 531 - CESTAT, MUMBAI]. In the present case, there is no final assessment order at all and the assessee has paid the interest before final assessment. Therefore, the question of demanding interest does not arise when there is no final assessment order or the full amount of duty has been discharged before final assessment order passed by the proper officer. - Decided in favour of assessee.
|