Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2016 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (9) TMI 742 - AT - Service TaxBusiness Auxiliary Services - receipt of brokerage - The assessee acted as an intermediary between the two working companies in connection with the transfer of title of equipment and machineries. - Extended period of limitation - Held that:- Supreme Court in the case of Coaltar Chemicals Manufacturing Co. Vs. Union of India [2003 (10) TMI 52 - SUPREME COURT OF INDIA] has held that for invoking the suppression clause for demand of duty under the time bar, there has to be something positive other than mere erection or failure on the part of the manufacturer or conscious or deliberate withholding of information. We find this not to be case in the present proceedings. The Tribunal has also held time and again that once information is declared in the balance sheets of the company, allegation of suppression of such information is not sustainable inasmuch as balance sheet of companies are publicly available documents. - Demand set aside - Decided in favor of assessee.
|