TMI Blog2019 (10) TMI 540X X X X Extracts X X X X X X X X Extracts X X X X ..... ason to deny benefit of cum tax value in view of the fact that price appearing in 26AS Forms was admittedly cum tax price and as per judgments cited by Petitioner gross value is considered as cum tax. The Settlement Commission has found that tax was collected but not deposited but there is nothing on record to show that tax was collected over and above value appearing in balance sheet rather value appearing in 26AS Form has been considered as cum tax price - there are no reason to deny benefit of cum tax value. Petition allowed. - CWP No. 1502 of 2018 - - - Dated:- 3-10-2019 - MR JASWANT SINGH AND MR LALIT BATRA, JJ. For The Petitioner : Mr. Jagmohan Bansal, Advocate For The Respondent- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lculating tax liability, in the show cause notice itself question of cum tax value was considered and value appearing in Form 26AS was considered as cum tax value. He further contended that sample invoices were produced before Competent Authority alongwith certificate of Chartered Accountant certifying that sale invoices for the period in question were inclusive of service tax, thus there was no reason to deny claim of the Petitioner. He supported his contention with the judgment of this court in the case of Idea Cellular Ltd. Vs Union of India 2017 (4) GSTL 4(P H), CESTAT orders in the case of Vaishali Developers Builders Vs Commissioner of C. Ex., Bhopal 2017 (47) STR 300 (Tri. -Del) and Raj Catering Services Vs Commissioner of Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... available in balance sheet Form 26AS for the financial year 2011- 12 to 2014-15 vis-a-vis ST-3 periodical Service Tax to the tune of ₹ 72,65,808/- during the relevant period 2011-12 to 2014-15. The Service Tax liability has been calculated based on higher value of Services as appearing in the Balance Sheet (Col- Service Income ) as well as value as appearing in Form 26AS by deducting service tax Element, accepting the value on which TDS has been deducted as cum-tax value, during the respective period 2011-12 to 2014-15 less the value already declared in ST-3 return service tax paid thereon. Para 15 (i) (ii) of impugned order: 15 (i ) The Bench finds that the only is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he same with themselves and not deposited with the Government. Therefore, we hold that the applicant does not deserve any leniency and is liable for imposition of penalty. 6 . The conceded position emerging from record is that the Petitioner declared lesser value of service in the service tax returns than value shown in the balance sheet and 26AS Forms. The Respondent considered value shown in 26AS Forms as cum tax value and compared with value shown in balance sheet. The Petitioner submitted sample invoices and certificate of Chartered Accountant certifying that invoices were inclusive of service tax. The Settlement Commission found that Petitioner is entitled to cum tax benefit, however declined t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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