Servce tax due date
This query is : Resolved
18 October 2010
Individual Service tax due date 5th of Oct 2010 for Jul-10, Aug-10 & Sep-10.
we deposited cheque on 5th oct 2010 realised on 8th oct 2010 is there any interest payable in this regard.
If cheque deposit date ok with you let me know section/notification
we deposited cheque on 5th oct 2010 realised on 8th oct 2010 is there any interest payable in this regard.
If cheque deposit date ok with you let me know section/notification
Aditya Maheshwari
(Expert)
18 October 2010
no
visit this link
https://www.servicetax.gov.in/st46-2k.htm
6. It is observed that the identical issue had arisen in case of payment of Inland Air Travel Tax (IATT) by Sahara Airlines Ltd. The concerned authorities had imposed penalty and ordered recovery of the interest from the party since the cheques deposited by them towards payment of IATT were credited to the Government after the due date. The matter has now, been decided in second appeal by the Government of India {Sahara Airlines Ltd. Vs. Commissioner of Customs (Appeals) — (2000)110 TAXMAN 378 (G05)}. The Government has held that a harmonious reading of the provisions of Rule 7 of the Central Government Account (Receipts and Payment) Rules and Rules 79 & 80 of the Treasury Rules, makes it clear that the Government dues can be presented in the form of cheque into the authorized Bank. And if the cheque is not dishonored later, the payment shall be deemed to have been made on the date when the cheque was handed over to the Government's bankers. Accordingly, the Government set aside the imposition of penalty / interest etc. in the said case.
visit this link
https://www.servicetax.gov.in/st46-2k.htm
6. It is observed that the identical issue had arisen in case of payment of Inland Air Travel Tax (IATT) by Sahara Airlines Ltd. The concerned authorities had imposed penalty and ordered recovery of the interest from the party since the cheques deposited by them towards payment of IATT were credited to the Government after the due date. The matter has now, been decided in second appeal by the Government of India {Sahara Airlines Ltd. Vs. Commissioner of Customs (Appeals) — (2000)110 TAXMAN 378 (G05)}. The Government has held that a harmonious reading of the provisions of Rule 7 of the Central Government Account (Receipts and Payment) Rules and Rules 79 & 80 of the Treasury Rules, makes it clear that the Government dues can be presented in the form of cheque into the authorized Bank. And if the cheque is not dishonored later, the payment shall be deemed to have been made on the date when the cheque was handed over to the Government's bankers. Accordingly, the Government set aside the imposition of penalty / interest etc. in the said case.
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