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Corporate News *  Service tax penalty can’t survive when assessee acted on dept.’s own view of non-taxability: Delhi High Court. *  GST section 74 extended limitation questionable when form 26AS mismatch was already known: Karnataka High Court grants interim relief. *  CGST demand prima facie impermissible after state GST settlement under section 128A: Bombay High Court. *  Supreme Court asks GSTAT to sympathetically consider delay as taxpayers pursued remedy before wrong forum. *  Supreme Court stays Tripura High Court ruling protecting genuine buyers from ITC denial over supplier’s GST default. *  Diary entries alone can’t prove clandestine removal of goods: CESTAT quashes excise penalty on steel trader. *  Customs could investigate preferential tariff claims even before sec. 28DA: Delhi High Court. *  Customs dept. relied on fake AI generated case laws: supreme court quashes Rs. 425.28 crore penalty. *  No GST exemption in affiliation and annual registration charges for admission or conduct Of examinations: GSTAT. *  Mere invoices, cheque payments insufficient to establish genuine movement of goods: GSTAT restores Rs. 43.44 lakh ITC demand. *  Consolidated GST show cause notice covering multiple financial years is not without jurisdiction: Delhi High Court. *  Construction of independent houses on separate plots not taxable as ‘Residential Complex’ without common facilities: CESTAT. *  GST penalty exceeding statutory maximum unsustainable; Allahabad High Court quashes ? 50,000/- penalty after taxpayer filed return and paid late fee. *  GST order against standard chartered bank passed without hearing set aside by Bombay High Court. *  Retracted statements can’t be relied upon without cross-examination: CESTAT quashes gold confiscation. *  Burden to prove misclassification lies on customs department: CESTAT. *  CESTAT quashes Rs. 98 lakh excise demand on clearance of used refractory brick scrap. *  Service tax demand on irrigation works quashed: Karnataka High Court rules sale of goods component not taxable as service. *  GSTAT restores tax and penalty for transporting iron scrap without E-way bill citing intent to evade tax. *  Madras High Court stays GST recovery from directors without opportunity to show cause under section 89. *  Madras high court stays GST recovery notice against directors; finds prima facie case on applicability of section 79(1)(c). *  Procedural lapses can’t justify harsh punishment without serious customs breach: CESTAT quashes customs broker licence revocation. *  Service tax payable on land leasing and sports complex charges: CESTAT. *  Settled customs dispute can’t be reopened through Article 226 challenge to interest liability: Delhi High Court. *  Mere facilitation of customs clearance can’t establish knowledge of smuggling: Madras High Court. *  GST registration cancellation stayed: Allahabad High Court questions 99% ITC utilisation cap under rule 86B. *  Composition scheme lapses automatically on crossing Rs. 1.5 crore turnover: GSTAT. *  Gujarat High Court quashes GST cancellation orders after officer relied on non-existent AI-generated case laws. *  Importers liable for customs duty benefits availed through manipulated scrips: Delhi High Court. *  Procedural E-way bill lapse alone can’t justify penalty where genuine transaction and absence of tax evasion are established: GSTAT.
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PJ/Case Law/2014-15/2241

Whether time limit is applicable on demand for interest?
Case:- M/s OIL AND NATURAL GAS CORPORATION LTD Vs COMMISSIONER OF CENTRAL EXCISE AND SEVICE TAX, SURAT-II

Citation:-2014-TIOL-1175-CESTAT-AHM

Brief facts:-Demand of interest made for delay in payment of duty during the period October 2007 to March 2012 on 18.04.2013. Hence, the question is whether the time limit for issuance of show cause notice is applicable to demand pertaining to interest also.
 
Appellant’s contentions:- Shri D.K. Trivedi, Advocate appearing on behalf of the appellant argued that there was a delay in payment of periodical duty from the Cenvat Credit which was belatedly paid during the period July 2010 to March 2012. It was his case that there were sufficient balance in the Cenvat account of the applicant, therefore, no interest was demandable in the present proceedings. He further contended that the demand show cause notice in the present case had been issued after a period of one year and as per Delhi High Court's order in the case of Kwality Ice Cream Company Vs. Union of India [2012 (281) ELT 507 (Del.)] = 2012 TIOL-252-HC-DEL-CX, demand was time barred.
 
Respondent’s contentions:- Shri K.J. Kinariwala (A.R) appearing on behalf of the revenue argued that for demand of interest no time limit was applicable and accordingly defended the order passed by the adjudicating authority. He also held that the entire demand was not beyond the period of one year as the required returns were required to be filled on half yearly basis.
 
Reasoning of judgment:- Heard both sides and perused the case records. So far as applicability of limitation of one year was concerned, the Hon’ble judge held that the judgment passed by Delhi High Court will have relevance and it, prima facie, conveyed that the demand of interest had also to be issued within one year. However, it was seen from the Annexure to the show cause notice dt. 18.04.2013 that the demand period was from October 2007 to March 2012 and the periodical duty paying returns in service tax matter were also required to be filed on half yearly basis. In view of the demand provisions, the entire period was not beyond one year. Appellant has, therefore, not made out a prima facie case for complete waiver of the confirmed demands as on merits once there was a delay in payment of duties, the interest was required to be paid on the period of delay. Appellant was, accordingly, directed to pre deposit an amount of Rs.50,000/- within four weeks and report compliance to the bench by 20.06.2014. Subject to the payment of the above amount, there would be stay on recovery on the remaining amounts till the disposal of this appeal.
 
Decision:- Pre-deposit ordered.
 
Comment:- The analogy drawn from the case is that the time limit applicable for demand of duty is also applicable for demand of interest on delayed payment. Thus, if there was no fraud, wilful misstatement or suppression of facts with intend to evade payment of duty, the normal time period of one year would apply. Accordingly, as in the present case, the assessee was regularly paying tax and filing service tax returns, no suppression could be alleged and the extended period of limitation for the demand of interest was not invokable.
 
Prepared by:- Ranu Dhoot
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