Validation of retrospective service tax rule provisions restores past actions and permits recovery of refunded taxes with interest. Two specified sub-clauses of the Service Tax Rules are deemed to have always been valid; actions taken under them between 16 July 1997 and the date the Finance Act, 2000 received presidential assent are declared valid. Refunds of service tax made pursuant to judgments invalidating those sub-clauses before assent are recoverable within a short statutory recovery period after assent, and unpaid recoveries after that period attract interest until payment. A clarification states that no new criminal liability arises by reason of this validation.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Validation of retrospective service tax rule provisions restores past actions and permits recovery of refunded taxes with interest.
Two specified sub-clauses of the Service Tax Rules are deemed to have always been valid; actions taken under them between 16 July 1997 and the date the Finance Act, 2000 received presidential assent are declared valid. Refunds of service tax made pursuant to judgments invalidating those sub-clauses before assent are recoverable within a short statutory recovery period after assent, and unpaid recoveries after that period attract interest until payment. A clarification states that no new criminal liability arises by reason of this validation.
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