Service Tax Cheque Payments Considered Timely if Deposited Before Due Date; No Penalties for Late Encashment.
The circular addresses the issue of service tax payments made by cheque, which are encashed after the due date. It clarifies that if a taxpayer deposits a cheque before the due date and it is not dishonored, the payment is considered made on the date of deposit, even if encashment occurs later. Consequently, no interest or penalties should be imposed for delays in encashment beyond the due date. This decision aligns with a previous ruling in a similar case involving Inland Air Travel Tax. However, if a cheque is dishonored or clearance is delayed due to the taxpayer's fault, penalties may apply.
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