VidhiSangh

Supreme Court of India · 10/08/2017

M/S. SHOELINE versus COMMISSIONER OF SERVICE TAX AND ORS.

[2017] 8 S.C.R. 582 · 2017 INSC 738

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Summary

The assessee’s four-year delay and failure to appeal the service-tax adjudication defeated a refund claim based on success in other litigation. Nevertheless, the tax on the relevant overseas-agent commission was legally unavailable before Section 66A took effect. Balancing those considerations, the Court retained the already paid principal but set aside outstanding interest and penalty.

Issues

  1. Whether later decisions and the circular revived an unchallenged service-tax demand for purposes of refund.
  2. Whether interest and penalty could still be enforced on the legally inapplicable tax.

Held

Result

Appeal partly allowed without costs; interest and penalty demands set aside, with no refund of the principal tax already paid.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 582.