TMI BlogInterest on ST Payment - After CESTAT Appeal OrderX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Experts, Our Firm had contested the appeal in CESTAT against the order of the Commissioner (Appeals) and the Order was pronounced in favour of assessee and set aside the penalty and directed to pay some demand, for this appeal we have made pre-deposit and Bank Guarantee for the disputed tax payment. My Query is Whether we have to pay Interest from the due date upto the date of Orders passed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , or till the date of pre-deposit made, why because the demand amount is not beyond the value of pre-deposit already made. For clear picture the following is the relevant date: Due Date of ST Payment: 05.03.2009 Pre Deposit Made : 08/2015 07/2017 Order Passed by CESTAT: 06/2018 No. of Days Delay upto pre Deposit: Around 2300 Days No. of Days Delay upto CESTAT Order: Around 3400 Days I r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equest the experts to kindly clarify the same. Thanks in Advance. - Reply By KASTURI SETHI - The Reply = You will have to pay interest from 5.3.2009 to the dates of pre-deposit. No doubt pre-deposit is an amount but it represents duty/Service Tax. Pre-deposit is part of duty/Service Tax. In 2014, CESTAT allowed pre-deposit through Cenvat Account. There was a circular to this effect. I mean to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... say no interest is required to be paid from the date of pre-deposit to the date of CESTAT Order. - Reply By DR.MARIAPPAN GOVINDARAJAN - The Reply = Interest is payable from the due date to the date of pre deposit for the purpose of appeal. - Reply By Arunachalam M - The Reply = Dear Experts, I thank Mr. Kasturi Sethi Dr. Mariappan Govindarajan for the reply and Clarification with regard to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Interest Payment Calculation. I request Kasturi Sir, to kindly let me the details of the Circular to this effect. So that I can conclude the same with my higher officials regarding this. And expecting a favourable reply in this regard. Thanks in Advance. - Reply By KASTURI SETHI - The Reply = This circular of CESTAT New Delhi was issued in the year 2014. It has to be traced out. It will take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time. I have relied upon this circular in one of my client's case. Shall reverse as soon as possible. - Reply By KASTURI SETHI - The Reply = CESTAT - Mandatory pre-deposit for filing Appeal after 6-8-2014 can be paid from Cenvat account or adjusted against deposit made during investigation Circular F. No. 15/CESTAT/General/2013-14, dated 28-8-2014 - Reply By Arunachalam M - The Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ply = Dear Mr. Kasturi Sethi Sir, Thanks for the needy timely help by providing the Circular at right time. I am very much grateful to you and thank a lot for sharing. Your post encourages us to learn a lot. Thanks once again. Regards, M. Arunachalam - Interest on ST Payment - After CESTAT Appeal Order - Query Started By: - Arunachalam M Dated:- 29-11-2018 Service Tax - Got 6 Replies - Se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvice Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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