2009 (7) TMI 717 - HC - Service Tax

Demand- Rate of Tax- The provisions of Finance Act, indicating relevant date for payment of service tax is date of entry and not date of billing. Held that- Impugned Tribunal order holding Service Tax payable at rate prevailing on date of entry in service and not at rate prevailing at the time of billing and receipt of payment sustainable.

Summary

The Gujarat High Court held that service tax is payable at the rate prevailing on the date of entry in service, not at the time of billing. The court dismissed the appeal as the Tribunal's decision was deemed correct based on the substantive provisions of the Finance Act, 1994. Tax Appeal was dismissed.