Stay abreast with the latest developments in the professional domain along with in-depth analysis through the monthly BCA Journal. Get access to an engaging library of researched publications from the BCAS stable.
Learn MoreExplore past issues of BCA Journal & indulge in a treasure trove of high-quality professional content across format of print, videos & learning events from the BCAS stable.
Learn More
Facts:
The Tribunal set aside penalty by taking into consideration the payment of service tax along with the interest by the respondent before the issuance of show cause notice (SCN). The Revenue contended that the Tribunal had no authority to discuss about the respondent’s claim for refund of excess interest paid, since the appeal was filed in relation to penalty. The respondent relied on the Circular published by the Department granting time for compliance with statutory provision in regard to payment of service tax.
Held:
The Court allowing the appeal partly, vacated the part of the Tribunal’s order declaring the respondent’s entitlement for refund of interest as interest was not connected with penalty, whereas penalty part was not interfered with.
