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2016 (12) TMI 1391 - AT - Service TaxCommercial coaching services - Discrepancy in Fee receipts - Whether the books of accounts maintained by the appellants and their Service Tax Returns filed time to time have been rightly rejected and the demand raised on the basis of statements under Section 14 of the Central Excise Act, 1994, whether the same is proper and/or whether the appellant have properly disclosed their turnover and maintained proper records which could not have been rejected on account of some variation noticed with the statement recorded by the partners of the appellant, their employees and students? Held that: - there is no proper basis adopted by the revenue for rejecting the books of account and the Returns filed, and resorting to best judgment assessment - no discrepancy has been found out by the Revenue during investigation and or at the time of adjudication in the Books of Accounts and records maintained by the appellant, in the ordinary course of business - The approximate figures, as found in the statements, cannot form basis of rejection of the Books of Accounts and estimation of turnover by way of wild guess work. Appeal allowed - decided in favor of appellant.
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