TMI Blog2006 (4) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... after stipulated period. Impugned order set aside. Matter remanded to original authority. - 29 of 2005 - - - Dated:- 4-4-2006 - P. Vishwanatha Shetty and N. Kumar, JJ. Shri N. Devhadass, SG, for the Appellant. Shri V. Narasimha Holla, Advocate, for the Respondent. [Judgment per : N. Kumar, J.]. - The Commissioner of Service Tax has preferred this appeal against the order passed 'by the Customs-Excise and Service Tax Appellate Tribunal [2006 (3) S.T.R. 585 (Tri.-Bang.) = 2005 (186) E.L.T. 340 (Tri.-Bang.)] holding that the respondent is not liable to pay interest for the delayed payment of Service Tax. 2. The appellant issued Notice to the respondent asking him show cause as to why interest should not be charged for not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of the delay the claim is made and relying upon its earlier judgment, the Tribunal held that there is no delay in payment of Service tax and therefore, both the orders were set aside. Aggrieved by the said order of the Tribunal, appellant is before this Court. 3. We have heard the learned Counsel appearing for both the parties. It is not in dispute that in view of Section 68 read with Section 75 of the Service Tax Act (Finance Act of 1994) [for short hereinafter referred to as 'the Act'], every person providing taxable service to any person shall pay Service tax at the rate specified in Section 66 in such manner and within such period as may be prescribed. If tax is not paid as required under Section 68 of the Act and who fails to cred ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice tax has been made on day-to-day basis to the central government account or is it made beyond the stipulated period? Regarding 1st Question : The claim for interest for delayed payment is leviable under Section 75 of the Act. The same reads as hereunder : "75. Every person, liable to pay the tax in accordance with the provisions of Section 68 or Rules made thereunder, who fails to credit the tax or any part thereof to the account of the central government within the period prescribed, shall pay simple interest at the rate of fifteen per cent per annum for the period by which such crediting of the tax or any part there is delayed". 7. A reading of the aforesaid provision makes it clear that only when a person who fails to credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any finding on the basis of the material before them as to whether the payment was made on day-to-day basis or it was made in lumpsum, after the stipulated period. It requires reconsideration. Under these circumstances, we deem it proper to set aside all the three orders and remand the matter back to the original authority to consider the question as to whether the payment was actually made on day-to-day basis as claimed by the respondent to the account of the central government or the delay was only in crediting the amount stated to have been paid by the respondent to the specific head of account of the central government or whether the actual payment was made beyond the stipulated period as contended by the appellant. 9. In terms stated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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