9911796707
TMI Blog2004 (12) TMI 7X X X X Extracts X X X X X X X X Extracts X X X X ..... July'97 388,213.00 15-8-97 2-9-97 18 3,381.21 160,960.00 15-8-97 19-11-97 96 7,599.42 Aug'97 184,553.00 15-9-97 18-9-97 3 276.83 149,341.00 15-9-97 19-11-97 65 4,800.25 Sept'97 372,195.00 15-10-97 23-10-97 8 1,488.78 Oct'97 482,816.00 15-11-97 19-11-97 4 934.48 Nov'97 447,951.00 15-12-97 18-12-97 3 671.93 Dec'97 559,177.00 15-1-98 21-1-98 6 1,623.42 Jan'98 576,372.00 15-2-98 21-2-98 6 1,673.34 Mar'98 1,054,413.00 15-4-98 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Andhra Pradesh High Court in the case of Lamina Suspension Products (P) Ltd. v. State of Andhra Pradesh, (1990) 78 STC 429 held that, where the delay was of a part of a month only, interest could be charged for the period of delay alone and not for the full month. Referring to the Board's circular relied on in the impugned order, learned counsel has argued that this circular is not reliable to the extent it is contradictory to Section 75 of the Finance Act, 1994. In this connection, he has sought to draw support from the Supreme Court's ruling in Kalyani Packaging Industry v. U.O.I 2004 (168) E.L.T. 145 (S.C.), wherein it was held that a circular of the Board could not prevail over the law laid down by the Court. 3. Ld. SDR has also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stalment or other amount, interest at the rate of two rupees for every one hundred rupees or part thereof for each month or part thereof, from the date specified for its payment!" In the case of Lamina Suspension Products (supra) cited by learned counsel, it was held by the High Court that, where the delay was of part of a month only, interest could be charged for the period of delay alone and not for the full month. The ratio of this decision should equally be applicable to the facts of the instant case. Accordingly, it has to be held that the interest paid by the assessee for the actual period of delay is in order and nothing more requires to be paid by them to wards interest on the service tax amounts paid by them. 5. After a perusal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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