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CESTAT upheld the demand: the appellant's statutory liability to pay interest on delayed service tax for April 2009-January 2010 stands, as interest under the statute represents the time value of unpaid tax and accrues from the prescribed date. The Tribunal rejected contractual/equitable objections, treating the liability as statutory and demandable. The Tribunal also sustained recovery of the late fee under Section 70, holding procedural and penal consequences imposed by statute cannot be waived and the levy is justified to safeguard revenue and deterrence. Consequent to these findings, the appeal is devoid of merit and is dismissed, with the appellant liable for the tax, interest and statutory late fee.
CESTAT upheld the demand: the appellant's statutory liability to pay interest on delayed service tax for April 2009-January 2010 stands, as interest under the statute represents the time value of unpaid tax and accrues from the prescribed date. The Tribunal rejected contractual/equitable objections, treating the liability as statutory and demandable. The Tribunal also sustained recovery of the late fee under Section 70, holding procedural and penal consequences imposed by statute cannot be waived and the levy is justified to safeguard revenue and deterrence. Consequent to these findings, the appeal is devoid of merit and is dismissed, with the appellant liable for the tax, interest and statutory late fee.
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