2024 (5) TMI 74

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.... 2011. 2. The revenue has suggested the following substantial questions of law for consideration : i) Whether the revised returns filed on 14.08.2009 under Rule 7B of the Service Tax Rules, 1994 can be considered as within time in terms of Rule 7 of the Service Tax Rules, 1994 ? ii) Whether the Learned Tribunal has committed the gross error by not appreciating that the revised return was filed on 14.08.2003 which is beyond the stipulated period and as such the taxable value mentioned in original ST-3 returns is to be considered as correct or not ? 3. We have heard Mr. K. K. Maiti, learned standing Counsel, assisted by Mr. Tapan Bhanja, learned Advocate appearing for the appellant and Dr. Samir Chakraborty, learned Senior Counsel for....

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.... interest of Rs. 64,08,168/- in August, 2009 and for the balance amount of interest and penalty, an application for dispensing with the requirement of pre-deposit thereof and for stay of the operation of the Order-in-Original had been filed along with the appeal petition. Learned Tribunal has taken note of the factual position and set out the submissions made by either parties and while allowing the appeal, the learned Tribunal has referred to paragraph 4.6 of the Order-in-Original and came to the conclusion that it is evident from the records that the assessee has already reversed the Cenvat credit along with interest which is recorded by the adjudicating authority and therefore proceedings against the assessee was not required. 7. Furthe....

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....d May, 2009 could have been rejected. In terms of Rule 7 of the Service Tax Rules, 1994(Rules) which deals with Returns, in terms of Sub-rule (1) therein, however, the assessee shall submit a half-yearly return in Form 'ST-3' or 'ST-3A', as the case may be, along with a copy of the Form TR-6, for the months covered in the half-yearly return. Sub-rule (2) states that, every assessee shall submit the half-yearly return by the 25th of the month the following the particular half-year. Rule 7B deals with refund of return. It states that an assessee may submit a revised return in Form ST-3 to correct a mistake or omission within a period of 90 days from the date of submission of return under Rule 7. The cases where the Returns are not submitted w....