Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2005

Supreme Court of India · 2005-03-30

Star India (P) Ltd. vs Cce

Citation / case number
AIRONLINE 2005 SC 523
Court
Supreme Court of India
Petitioner
Star India (P) Ltd.
Respondent
Cce
Bench
Ruma Pal, Arijic Pasayat, C.K. Thakker

Judgment text excerpt

The Supreme Court addressed the issue of liability for service tax under the Finance Act, 2002, specifically interpreting the validation clause and its retrospective effect. It held that while the legislature can enact retrospective laws, such laws cannot impose penalties or interest retrospectively, as this would amount to a quasi-punishment. The Court clarified that the appellant was liable to pay the service tax within thirty days of the Finance Bill's assent, but not liable for interest accrued prior to that period, thus overturning the Tribunal's decision regarding interest liability.

Star India (P) Ltd. vs Cce · Niyam