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2011 (8) TMI 168 - AT - Service TaxDemand - result of difference between the figures shown in relevant balance sheet (which are higher) and the figures shown in the ST-3 returns filed (which are lower) - The explanation offered by the assessee for the discrepancy in the figures in the balance sheet and the ST-3 returns is that as per Section 209 of the Companies Act, 1956, the books of account are to be maintained on accrual basis and proper books of account are not deemed to have been kept if the books are not kept on accrual basis - Since it is a statutory provision which is being relied upon by the assessee to support his contention, interest of justice requires that the impugned order relating to demand of tax is set aside and the case remanded to the adjudicating authority for passing fresh orders in the light of the above, after extending a reasonable opportunity to the assessees of being heard in its defence Regarding Penalty - adjudicating authority (whose order has been upheld by the lower appellate authority) has extended the shelter under Section 80 of the Finance Act, 1994 in order to drop proceedings for penalty under Section 76 - Appeal is allowed by way of remand to adjudicating authority
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