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<h1>Waiver of pre-deposit granted for excess service tax payment; Stay on recovery pending appeal.</h1> <h3>M/s SIEMENS LIMITED Versus COMMISSIONER OF CENTRAL EXCISE, PONDY</h3> The Appellate Tribunal CESTAT, Chennai granted waiver of pre-deposit of service tax of Rs.1,96,649/- with interest. The excess tax payment made by the ... Suo motu adjustment of excess service tax paid – Rule 6(4A) of the Service Tax Rules, 1994 - Held that:- Noting that the rule provides for suo motu adjustment and also noting that the excess payment could be adjusted only on 28.06.2007 by the issue of a Credit Note, and adjustment was made almost immediately thereafter, unconditional waiver of pre-deposit The Appellate Tribunal CESTAT, Chennai granted waiver of pre-deposit of service tax of Rs.1,96,649/- with interest. The excess tax payment made by the assessees was not permissible for suo motu adjustment as it was done after the required time frame. However, the adjustment was made promptly after the issue of a Credit Note, leading to the waiver of pre-deposit and stay on recovery pending appeal.