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Sourav Ganguly Calcutta High Court: The Calcutta High Court has dismissed the appeal of the Service Tax Commissioner against the tribunal’s order for payment of interest in the case of Sourav Ganguly, former captain of the Indian cricket team. The tribunal, in its order, had asked Ganguly to return the amount wrongly taken as service tax along with interest.
On December 14, 2020, the Kolkata-based Customs, Excise and Service Tax Appellate Tribunal (Eastern Region Branch) asked Ganguly, the former president of the Indian Cricket Board, to return the demanded amount and interest thereon. The Revenue Department challenged this order in the High Court. Justice TS Shivagnanam and Justice Hiranmoy Bhattacharya said that there is no point in considering this appeal.
This matter is more than a decade old. Ganguly was served a show cause notice on September 26, 2011. In the notice, he was asked to pay service tax for the promotion of the brand. The service tax demanded in the show cause notice was confirmed by the Commissioner of Service Tax in his decision in November, 2012. Also directed to pay interest and penalty.
Ganguly deposited Rs 1,51,66,500 on February 26, 2014 and paid Rs 50 lakh in March 2014 under the interim order of the High Court. On June 30, 2016, on the petition of the former captain of the Indian cricket team, the High Court said that he is entitled to get not only the amount given but also interest at the rate of 10 percent.
After challenging the order of the revenue department, the bench said in February 2017 that Ganguly should present his case before the tribunal and the single bench erred in considering the petition. Ganguly then filed an appeal before the tribunal. Accepting Ganguly’s appeal, the tribunal ordered to return the amount along with interest on February 9, 2021.
After that, the Revenue Department challenged the order of payment of interest to the former cricketer in the division bench. The bench said earlier this week that it was not clear what is the point of filing an appeal when the interest has already been paid. Rs 59,85,338 was returned to Ganguly as interest.
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