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2018 (10) TMI 31 - AT - Service TaxClassification of services - business of marketing, sourcing, making available various kind of loans on behalf of various banks such as ICICI, HDFC, City Bank, Standard Chartered Banks and similar Financial & Banking Institutions - whether classified as Business Auxiliary Services or as Franchise Services? - 25/2004 dated 10th September, 2004 - invocation of extended period of limitation. Held that:- In the present case also, the demand is for the period w.e.f. July 2003 to December 2004. The Show Cause Notice was issued on 28.09.2007. Once there was an apparent acknowledged confusion about the impugned activity, non-discharge of the liability thereof cannot be alleged as an act of suppression of fact with an intent to evade tax. Resultantly, the Department was not entitled to invoke the extended period of limitation. Demand hit by limitation of time - appeal allowed - decided in favor of appellant.
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