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2013 (7) TMI 666 - CESTAT AHMEDABADDifferential income on stock broking – revenue contended that there was differential income on account of assessee during the year - The adjudicating authority critically examined the defence of the assessee and made a detailed assessment of the material on record and came to the conclusion that the lapse of the assessee is not intimating payments made by his sub-brokers in ST-3 returns was mere technical flaw and no demand could be raised on the assessee on this count, since the resultant service tax was already remitted - Held that :- Present appeal had been filed without any justification - no infirmity in the order of the adjudicating authority as confirmed by the order of the Commissioner (Appeals) - once the Tribunal had pronounced on an aspect having a clear and direct application in a subsequent case - such judgment absent any overarching norm by any superior court must constitute the non-derogable norm in conformity with which subsequent assessment or adjudication should proceed – recidivist and futile endeavours by Revenue for utopian perfection tends to undermine the stability of law and impose wholly avoidable litigation costs - appeal decided against revenue.
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