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2011 (7) TMI 312 - AT - Service TaxDemand - Evasion of tax - Credit card facilitates - taxable entry provided by section 65(72)(zm) of the Act not only brought taxable services provided by banking company or a financial institution including a non-banking company to a customer to the tax net but also related banking and other financial services were brought to the scope of taxation using the term in relation to in that section of the Act - When Tax Administration noticed that different types of card facilities were provided by banking sector and other financial service sector to facilitate credit transactions, they considered proper to bring all such card facilities under one definition in clause (33a) of section 65 of the Act for taxing under the taxing entry in section 65 (105)(zzzw) of the Act enacting Finance Act, 2006 for convenience of tax administration - It is well settled that in matters of taxation laws, the court permits greater latitude to pick and chose objects and rates for taxation and has a wide discretion with regard there to. - levy of service tax justified. Extended period of limitation - The appellant although was registered with Service Tax Authorities from 18.07.2002, failed to prove its innocence nor could it establish that there was no suppression of fact disclosing in its return filed. - Extended period was rightly invoked by the SCN dated 31.10.2007 when the evasion came to notice of Revenue by investigation to make good of the loss to revenue. Bonafide of the appellant did not surface. Taxes due to exchequer remained unpaid. The appellant was liable for the contravention of law. Penal consequence of law has rightly followed.
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