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2015 (10) TMI 360 - AT - Service TaxBusiness Auxiliary Service - Arrangement of loans from various banks to customers - Receipt of commission - Invocation of extended period of limitation - Held that:- extended period is not invokable in the present case. We find that the Show Cause Notice in this case was issued on 22.06.2006 and the period of demand is 01.07.2003 to 31.03.2005 and thus the entire period is beyond the normal period of one year. In these circumstances, when the extended period is not invocable, and the entire service tax was paid before the issuance of Show Cause Notice, the appellant is entitled to the benefit of Section 73(3) of the Finance Act in terms of which even the Show Cause Notice was not required to be issued in which case the question of imposing penalty would simply not arise. - impugned order unsustainable - Decision in the case of South City Motors Ltd.(2011 (11) TMI 408 - CESTAT, NEW DELHI) followed - Decided in favour of assessee.
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