TaxTMI 
TaxTMI 
2015 (1) TMI 228
X X X X Extracts X X X X
X X X X Extracts X X X X
....ding taxable services under the category of Telecommunication Service and paying service tax. Since they were not able to collect the data from filed units, they could not arrive the correct amount of service tax to be paid but, subsequently worked out the actual service tax and paid the service tax by way of debiting it from the cenvat credit account and also filed the revised ST-3 returns. The Commissioner, Central Excise, Trichy, in the impugned order dated 27.01.2014, has confirmed the demand of interest of Rs. 15,88,751/- on differential service tax paid and confirmed the demand of interest of Rs. 2,77,347/- on wrong credit availed. 3. The Ld. Consultant, on behalf of the applicant submits that they had sufficient credit balance and t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s. Sundaram Fasteners Ltd. 2014 (304) ELT 7 (Mad.) 5. After hearing both sides, I find that the adjudicating authority has demanded the interest of Rs. 15,88,761/- for the belated payment of differential service tax paid subsequently due to delay in collecting data from field units. It is noticed that the appellants followed this method of arriving final taxable value and subsequently paying the differential service tax and continued this practice from October, 2007 to March, 2011. It is seen from the annexure-I to show cause notice that the short payment of service tax and delay varied from 70 days to 260 days for each month of due date of payment. The Adjudicating Authority also confirmed the demand of interest of Rs. 2,77,347/- on the i....
X X X X Extracts X X X X
X X X X Extracts X X X X
....bsp; 10. We do not agree with the submissions made by the learned counsel for the assessee, as the decisions rendered in the aforesaid cases by the Allahabad High Court as well as the Karnataka High Court as well as the Hon'ble Supreme Court, arose out of a case where the assessee claimed benefit of an exemption notification. The question which fell for consideration in those cases is as to whether reversal of credit after the removal of the final product would entitle the assessee therein to the benefits of exemption notification, which state that the reversal of the credit should be done before the removal of the products. In such circumstances, the Courts considered the issue and said that for the ....