TMI Blog2016 (8) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... is made under Section 68 of the Act. The period of limitation applies to the claim for principle amount and also applies to the claim for interest thereon. Demand of interest set aside - Decided in favor of assessee. - ST/3020/2011-SM - Final Order No. 20459/ 2016 - Dated:- 24-6-2016 - Mr. S. S. Garg, Judicial Member Shri S. Ananthan, C.A. For the Appellant Shri Pakshi Rajan, A.R. For the Respondent ORDER The present appeal is directed against the Order-in-Appeal No. JMJ/31/2011 dated 24.8.2011, vide which the Commissioner (Appeals) has upheld the Order-in-Original No. 69/2010 LTU dated 29.10.2010, passed by the Assistant Commissioner (LTU) and dismissed the appeal of the appellant. 2. Briefly, the facts of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6(4) of Service Tax Rules, 1994 and an order in this regard was passed on 3.5.2005 by the Assistant Commissioner. He also submitted that vide this order dated 3.5.2005, the appellant - bank was permitted to pay tax amount of ₹ 4.50 crores on provisional basis monthly. The second contention of the learned C.A. is that the show-cause notice is beyond limitation. He further submitted that findings of the learned Commissioner (Appeals) holding that the appellant was not under provisional assessment during the period under dispute is wrong. He further submitted that the provisional assessment order is valid till it is withdrawn as per the Department s letter dated 03.2.2010 informing the appellant that they are no longer under provisional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it a sum of ₹ 4.5 crores monthly. This facility was given to the appellant as per Rule 6(4) of Service Tax Rules, 1994 which is reproduced herein below : Rule 6(4) : Where an assessee is, for any reason, unable to correctly estimate, on the date of deposit, the actual amount payable for any particular month or quarter, as the case may be, he may make a request in writing to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, giving reasons for payment of service tax on provisional basis and the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, on receipt of such request, may allow payment of service tax on provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... am Co. and Anr Vs. U.O.I. and Anr. -2012 (1) RMI 88 Delhi High Court (iii) CCE Vs. VAE VKN Industries Pvt. Ltd. - 2013 (10) TMI 30 Punjab Haryana High Court (iv) ANS Steel Tubes Ltd. Vs. CCE 2014 (5) TMI 567 Punjab Haryana High Court (v) CCE Vs. Firomenich Aromatics (India) Pvt. Ltd 2015 (9) TMI 813 Bombay High Court (vi) Bank of Baroda Vs. CST 2015 TaxPub (ST) 1647 (CESTAT-Mum) I have gone through the judgments cited supra wherein it has been held by various courts including the Hon ble Supreme Court that the period of limitation applies to the claim for principle amount and also applies to the claim for interest thereon. Therefore, in view of the aforesaid decisions, I am of the considered opinion that the impu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
