TMI Blog2016 (11) TMI 484X X X X Extracts X X X X X X X X Extracts X X X X ..... the tax, cannot bring the subject within the letter of the law, the subject is free, however apparently within the spirit of law the case might otherwise appear to be. It is further settled that an equitable construction, is not admissible in a taxing statute, where the Courts can simply adhere to the words of the statute. It is equally settled that a taxing statute is required to be strictly construed. Common sense approach, equity, logic, ethics and morality have no role to play while interpreting the taxing statute. It is equally settled that nothing is to be read in, nothing is to be implied and one is required to look fairly at the language used and nothing more and nothing less. We do not find substance in the argument that since ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the demand cannot be sustained against the Appellant. Before considering the rival submission, it is necessary to reproduce the said provision brought into effect from 06.08.2014, which read as follows: Section 35F : Deposit of certain percentage of duty demanded or penalty imposed before filing appeal. The Tribunal or the Commissioner (Appeals), as the case may be, shall not entertain any appeal (i) under sub-section (1) of section 35, unless the appellant has deposited seven and a half per cent. of the duty, in case where duty or duty and penalty are in dispute, or penalty, where such penalty is in dispute, in pursuance of a decision or an order passed by an officer of Central Excise lower in rank than the Principal Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... any other manner so as to come to the conclusion that the Appellants are not required to deposit 7.5% of the service tax when service Tax and penalty are in dispute, as prescribed under the said provision, in view of the settled principle of statutory interpretation. The Hon ble Bombay High Court in the case of Greatship(India) Pvt. Ltd. Vs. Commissioner of Service Tax, Mumbai-I 2015 (39) STR 754(Bom.) on the principle of interpretation of Taxing statutes observed as: 34. It would thus appear that it is settled position of law that in taxing statute, the Courts have to adhere to literal interpretation. At first instance, the Court is required to examine the language of the statute and make an attempt to derive its natural meaning. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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