9911796707
TMI Blog2017 (6) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... ant was required to pay service tax on 06.7.2012 and 06.10.2012, respectively and therefore they are required to pay interest for intervening period - Held that: - Rule 7 of Point of Taxation Rules, 2011, overrules the other Rules and specifically applies to the case in hand and as per the said Rule, the assessee is required to pay service tax under reverse charge mechanism, on 6th of next month o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The appellant is in appeal against the impugned order confirming the demand of interest for the intervening period. 2. The facts of the case are that, the appellant being a service recipient, paid consideration of royalty to their foreign service provider (Associate Enterprise -Holding Company) during the period April 2012 to June 2012 and July 2012 to Sept, 2012, whereas the invoices ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e appellant is required to pay service tax on the date of accounting the same in the books of accounts or the date of payment, whichever is earlier i.e. 5th day of the next month, which the appellant has complied. Therefore, he submits that the demand of interest is not sustainable. 4. On the other hand, ld. AR relied on the Rule 3 of the said Point of Taxation Rules and submits that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hall be determined as if this rule does not exist: Provided further in case of associated enterprises , where the person providing the service is located outside India, the point of taxation shall be the date of debit in the books of account of the person receiving the service or date of making the payment whichever is earlier.] 6. On going through the said Rule, I find that the said R ..... X X X X Extracts X X X X X X X X Extracts X X X X
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