https://www.taxtmi.com/caselaws?id=257808 A substituted fiscal exemption or refund rate operates prospectively unless the later notification expressly gives retrospective effect. Here, the enhanced service tax refund rate for commission agent services under Notification No. 33/2008-ST applied only from 07.12.2008, because the earlier notification already governed the preceding period and the later notification did not state that the 10% rate would relate back. The cited Supreme Court ruling on substitution was distinguished on that basis, and the circular did not support retrospective application. The refund was therefore correctly restricted to 2% up to 06.12.2008 and 10% thereafter. en-us Tue, 24 Feb 2015 00:00:00 +0530 Wed, 02 Sep 2015 12:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=257808 A substituted fiscal exemption or refund rate operates prospectively unless the later notification expressly gives retrospective effect. Here, the enhanced service tax refund rate for commission agent services under Notification No. 33/2008-ST applied only from 07.12.2008, because the earlier notification already governed the preceding period and the later notification did not state that the 10% rate would relate back. The cited Supreme Court ruling on substitution was distinguished on that basis, and the circular did not support retrospective application. The refund was therefore correctly restricted to 2% up to 06.12.2008 and 10% thereafter. Case-Laws Service Tax Tue, 24 Feb 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=257808