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TMI Blog2021 (11) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 78 of the Finance Act, 1994. No such penalty was proposed in the show cause notice nor even there is any allegation of wilful withholding of payment of service tax on any of the above referred grounds was made. This being the facts on record there is no requirement to give a finding that under Section 75 of the Finance Act, interest is a natural corollary and consequence for any default of payment of service tax within the stipulated time. On the contrary, it can very well be said that the tax liability or its interest component can never be enforced and recovered from the assessee beyond the period from one year without any allegation of wilful non-payment on the ground of fraud, mis-statement, collusion etc. Appeal allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Excise S.T. Surat [2015 (38) STR 867 (Tri.Ahmd.)], Tata Business Support Services Ltd. Vs. Commr. Of S.T. Hyderabad-II [2017 (52) S.T.R. 346 (Tri.- Hyd.)] and M/s. Maansarovar Motors Pvt. Ltd. [2020-TIOL-1846-HCMAD- GST], submitted that it is an established fact that when the assessee has sufficient credit in its cenvat account, no interest is payable for delayed payment. 4. Per contra, learned Authorized Representative for the respondent-department Shri Saikrishna Hatangadi, with reference to the judicial decisions of the Tribunal consistently made in the cases of Electric Developers Ltd. Vs. Commissioner of Central Excise, Goa [2019 (24) G.S.T.L. 459 (Tri.-Mumbai)], Commissioner of Central Excise, Indore Vs. Metalman Industries ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g that under Section 75 of the Finance Act, interest is a natural corollary and consequence for any default of payment of service tax within the stipulated time. On the contrary, it can very well be said that the tax liability or its interest component can never be enforced and recovered from the assessee beyond the period from one year without any allegation of wilful non-payment on the ground of fraud, mis-statement, collusion etc. as noted above. Hence the order. ORDER 6. Appeal is allowed and the order passed by the Commissioner (Appeals), Thane Central Tax GST, Mumbai vide order-in-appeal No. PVNS/101/APPEALS THANE/MC/2018-19 dated 06.06.2018 confirming the demand for payment of interest is hereby set aside. (Order prono ..... X X X X Extracts X X X X X X X X Extracts X X X X
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