refund of deposit in service tax

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....efund of deposit in service tax<br> Query (Issue) Started By: - samir agrawal Dated:- 7-7-2023 Last Reply Date:- 11-7-2023 Service Tax<br>Got 5 Replies<br>Service Tax<br>Is the circular granting 6% interest as per Sec 35FF on refund of pre-deposit binding on the department or Tribunal? Can interest be claimed at 12%? Any case laws? Experts pls advice Reply By Amit Agrawal: The Reply: One does....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... not get inherent right to claim interest @ 12% where law specifically provides for interest @ 6% while refund pre-deposit made for filing appeal. It is worth noting that rate of interest @ 6% is as per Notification No. 24/2014 - CE (N.T.) dated 12.08.2021 which is issued In exercise of powers conferred by section 35FF of the Central Excise Act, 1944 (1 of 1944). Constitutional courts - in few c....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ases - has granted higher rate of interest. But, in those case, generally specking, Dept. was at serious fault such as inordinate delay in granting refund without any adequate reason etc. These are ex facie views of mine and the same should not be construed as professional advice/suggestion. Reply By Amit Agrawal: The Reply: Please read as &#39;....... dated 12.08.2014 (& not 12.08.2023) ..........

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....&#39; Reply By KASTURI SETHI: The Reply: Sh.Samir Agrawal Ji, Reply to Q.No. 1 : See the following circular. Binding nature of Circulars and Instructions -- Clarification Circular No. 1006/13/2015-CX, dated 21-9-2015 Reply to Question No.2 Section 35 FF of Central Excise Act was made applicable to Service Tax vide Section 83 of the Finance Act, 1994. Here is the judgement of CESTAT based ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on the judgement of Supreme Court on this very issue. 2021 (12) TMI 243 - CESTAT NEW DELHI - PR. COMMR. OF CGST, NEW DELHI Versus EMMAR MGF CONSTRUCTION PVT. LTD. Reply By Shilpi Jain: The Reply: Where the law provides for the rate of interest, that can be claimed. When no rate of tax is mentioned in the law, the Courts can then give a higher rate of interest as well, which was done in some ca....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ses in the past. Reply By Padmanathan Kollengode: The Reply: I agree with views of expert that higher rate has to be allowed by Court and cannot be claimed as a matter of right.<br> Discussion Forum - Knowledge Sharing ....