2008 (2) TMI 45

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..... calculation and not by way of suppression and the short-paid tax was wilfully paid as soon as the error was detected – Liability to pay interest u/s 75 are mandatory, not penal - It is a civil liability which is inescapable – Interest is payable – assessee’s appeal dismissed
Shri P.C. Chacko, Member (J) [Order] -1. The appellants viz. M/s. Bharat Sanchar- Nigam Ltd. (BSNL, for short) are a P .....

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..... one-half per cent for every month or part of a month by which such crediting of the tax or any part thereof is delayed." In the present appeal, it is stated that, as the short-payment of service tax for the above period was on account of an error in calculation and not by way of suppression and the short-paid tax was wilfully paid as soon as the error was detected, the lower authorities ought no .....

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..... son and the same was paid only on 18-10-2002. Where an amount of service tax which had to be paid at a given point of time during the above period was not paid within the prescribed time and was paid belatedly, the assessee was liable to compensate the Revenue by way of payment of interest. Section 75 ibid made it mandatory for the appellants to pay such interest. That the appellants had no intent .....

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