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2018 (11) TMI 919 - AT - Service TaxInterest on delayed refund - entitlement to Interest for the time barred period - penalty - Held that:- When the demand for the period April, 2005 to September, 2006 is held to be time barred, then the interest thereon is also not sustainable in law. Therefore the contention of the Appellant on this point is accepted. Penalty - Held that:- According to the Appellant they are entitle for refund of the excess amount of ₹ 4,61,624/-. If that is so i.e. if the amount so deposited by the appellant before the issuance of show cause notice satisfy the demand of the amount of service tax from October, 2006 to March, 2011 along with interest for the period from October, 2006 to March, 2009 - the Appellant is not liable to pay any penalty. The matter is remanded to the ld. Commissioner of Central Tax, Appeals-I, Mumbai, with a direction to recalculate the demand and interest.
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