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Interst on Supplimantry Invocie under CST, VAT + CST

Issue Id: - 5079
Dated: 20-12-2012
By:- MITSUI PRIME

Interst on Supplimantry Invocie under CST


  • Contents

 

Dear Sir,

 

This is to inform u that as per excise law “Because Rule 5 of Central Excise Rules, 2002 is the governing rule and accordingly , duty 12.36% along with interest from the due date till the date of payment.” And such case  is applicable on VAT ,

or Interest applicable on supplementary invoice under CST Act or VAT Act  because Excise and CST or VAT  both are Indirect tax.

 

Regards

 

Arjun Sachdeva

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Page: 1


1 Dated: 21-12-2012
By:- Pradeep Khatri

Since the interest is in of statutory nature, hence, liabled to be paid. But there are lots of judgments by the various Hon'ble Tribunal in this regard.

Under C.E. Laws, in a recent judgment, it was held that Interest for raising supplimentory invoice is not warranted when there is north bound price movement on which there is no control of the assesee.

Under CST Act, 1956, read with CST R&T Rules, 1957, you may postponed the payment of interest till the time of assessment conducted by the Department since there is no provision for the same. If the assessing authority raises demand then you should pay it off otherwise not.


Page: 1

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