9911796707
TMI Blog2004 (7) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... appeal has been filed against the order of Commissioner of Central Excise, Bangalore dated 24th June, 2003. In brief, facts of the case are that appellant at their factory at Bangalore are engaged in manufacture and sale of Industrial and Medical gases viz. oxygen, argon and nitrogen as well as medical gases. The appellant engaged the service of goods transport operator for purpose of receiving in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce tax payable in respect of services received by the Appellant during the period 16-11-97 to 1st June, 98 and interest under Section 75 of the Finance Act. The Dy. Commissioner demanded the amount of Rs. 1,19,563.00 towards the Service tax payable and confirmed the demand of Rs. 78,391.00 being the interest for the period up to 23rd August, 01 @ 1.5% per every month up to 15th July, 2001 and 24 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest was imposable in the instant case or if it, from which date. In Laghu Udyog Bharati Others v. Union of India reported in 1999 (112) E.L.T. 365 (S.C.) = 1999 (33) RLT 911 (SC) struck down the levy of service tax and declared it ultra vires . Subsequently, Govt. reintroduced the levy with retrospective effect for the period 16-11-97 to 1st June, 98 in the Finance Act, 2000 which re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the learned Commissioner (Appeals) is not acceptable. Learned Commissioner of Appeals has mentioned in his impugned order "the normal course for the appellant would have been that they should have paid the tax, followed the procedure and claim refund like others". The levy of tax was not in force from 16-11-97 to 1-6-98. It is futile or a farce fallacy to deposit a tax and get it refunded. From ab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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