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2023 (5) TMI 387

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....intendent (AR) for the Respondent ORDER RAJU This appeal has been filed by Hariom Earth Movers and Transport against demand of interest on delayed payment of service tax. 2. Learned counsel Shri S. Bissa, appearing on behalf of the appellant pointed out that they have issued 36 invoices during April 2016 to June 2017. In 19 of the invoices, the payment was received belatedly, however t....

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....cases, the duty payment was delayed. In 17 of the invoices issued by the appellant during this period, the payment was received immediately. In balance 19 cases, the payment was received belatedly. For this late receipt of payment, the appellant is seeking the benefit of Serial No. 2 of Notification 13/2016 dated 01.03.2016 which has been denied by Commissioner (Appeals). 5. Learned Commissione....

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....ion clearly stipulates two different situations and two different interest rates for each of that situation. The Notification reads as under: __________________________________________________________________________ Notification: 13/2016-S. T. dated 01-Mar-2016 Interest rate under Section 75 of the Finance Act, 1994 - Notification No. 12/2014-S.T. superseded In exerc....

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....tral Government on or before the date on which such payment becomes due. 24 per cent 2. Other than in situations covered under serial number 1 above. 15 per cent 2. This notification shall come into force on the day the Finance Bill, 2016 receives the assent of the President. [Notification No. 13/2016-S. T., dated 1-3-2016] _________________________________________....