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TMI Blog2012 (8) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... taken for non-payment of differential service tax. - WP (C) NO. 4456 OF 2012 AND CM NO. 9237 OF 2012 - - - Dated:- 27-7-2012 - ACTG. CJ. RAJIV SAHAI ENDLAW, J. ORDER 1. It is the contention of the learned counsel for the petitioner that impugned Circular dated 08.05 2012 is ultra vires the Point of Taxation Rules, 2011 and even the provisions of Finance Act, 1994. Learned counsel fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent received after the change in effective rate of tax, the point of taxation shall be date of payment or issuing of invoice, whichever is earlier, or ( ii ) where the invoice has also been issued prior to change in effective rate of tax but the payment is received after the change in effective rate of tax, the point of taxation shall be the date of issuing of invoice: or ( iii ) where the pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the rate of 12%. 3A. Prima facie , from the reading of Rule 4, it becomes apparent that in such case, the rate of tax would be 10% and not 12%. 4. Learned counsel for the respondents wants to take instructions in the matter. We also issue formal notice. 5. Learned counsels for the respondents accept notice Counter affidavits, if any, be filed within one week. Rejoinder within one wee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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