Home Case Index All Cases Service Tax Service Tax + HC Service Tax - 2021 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (10) TMI 314 - HC - Service TaxRealization of service tax / GST by the Opposite Parties - seeking grant of refund - pro-rata reduction in the amount as there was lability to pay less amount - HELD THAT:- It is seen that in similar circumstances GGS INFRASTRUCTURE PRIVATE LIMITED VERSUS COMMISSIONER OF CGST & CENTRAL EXCISE [2020 (12) TMI 914 - BOMBAY HIGH COURT] has held that The amount of service tax dues having thus crystallized, the resolution plan says that the same would be settled at 5% of the principal dues adjudicated. The word used is “adjudicated” and not “adjusted” as sought to be read and applied by the respondent. Therefore, the amount that the petitioner would be required to pay is 5% of ₹ 7,02,20,725.00. A direction is issued to Opposite Party No.3 to calculate and refund to the Petitioner the excess service tax paid by it by acknowledging that the Petitioner is entitled to receive only 20.5% of the admitted claim amount which works out to ₹ 3,71,87,750/- - Petition allowed.
|