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2004 (7) TMI 7

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..... ssue relates to the date from which the interest on the service tax amount is payable by the respondents. 2. The learned JDR has contended that since the amendment in the service tax for validating the provisions of sub-clauses (xii) and (xvii) of clause (d) of sub-rule (1) of Rule 2 of the Service Tax Rules was given retrospective effect by the Legislature as is evident from Section 117 of the F .....

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..... period, in addition to the amount of service tax recoverable, interest at the rate of twenty-four per cent per annum shall be payable, from the date immediately after the expiry of the said period of thirty days, till the date of payment. 3. From the bare perusal of the above  said clause, it is quite evident that interest could be claimed from the assessee if he failed to pay service tax w .....

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..... period of 30 days, interest could be claimed by the department from the assessee but not earlier to that. The President's assent was received on 12-5-2000 as even conceded by the department in the grounds of appeal. Therefore, in the event of failure to pay service tax within 30 days from that date, the respondents became liable to pay interest. They paid service tax on 28-9-2000 whereas it was pa .....

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