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2018 (10) TMI 1560 - AT - Service TaxExtended period of limitation - Business Auxiliary Services - contract with M/s TRF Ltd., Jamshedpur for promoting sale of their products by informing the company of prospective markets and potential customers, to maintain close contract with all customers and consultants in the territory of northern reason and generate, acquire and forward the enquiries to M/s TRF Ltd. Held that:- The lower authorities have invoked the longer period only on the ground that the appellant had not paid the service tax - However, the appellants were reflecting value of the services in their profit and loss account maintained in the ordinary course of business. Such reflection of the activities in the profit and loss account has been held to be a reason for not allowing the revenue to invoke the extended period. Inasmuch as, profit and loss account is a public document and reflection of the entire facts in the said documents cannot lead to the presence of malafide suppression on the part of the assessee. Inasmuch as, in the present case there is admittedly no evidence to show any suppression or misstatement on the part of the assessee with a malafide intention, longer period of limitation was not available to the revenue - Inasmuch as, the entire demand is beyond the normal period, same is set aside along with setting aside of penalty. Appeal allowed - decided in favor of appellant.
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