Saturday, 25 November 2017

HC : No interest on delayed payment of Oil Cess absent substantive statutory provision

HC rules out leviability of interest on delayed payment of Cess on Crude Oil, absent substantive provision obliging assessee to do so under Oil Industry (Development) Act 1974; Rejects Revenue’s stand that interest was applicable in terms of Section 15(4) of said Act, which adopts the provisions of Central Excise Act and rules thereunder in relation to levy and collection of excise duties; Confirming CESTAT’s view, HC refers to SC ruling in India Carbon Ltd wherein it was held that interest on tax due could be charged only when the taxing statute made a substantive provision to pay interest for delayed payment of tax and not otherwise  : Gauhati HC

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