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2018 (11) TMI 24 - AT - Service TaxExtended period of limitation - Section 73 (1) of Central Excise Act - banking and other financial services - suppression of facts - reverse charge mechanism - Held that:- From the available records that the appellant had disclosed the fact of obtaining ECB loan in foreign currency in the Balance Sheet prepared during the disputed period. It cannot be said that non-payment of service tax by the appellant, was owing to the reason of fraud, collusion, willful mis-statement, etc., with intent to defraud the Government Revenue. In this case, since the period of dispute is from April 2011 to March 2012 and the show-cause notice was issued on 07.01.2016, the extended period of limitation cannot be invoked for confirmation of the adjudged demand and the same should only be confined to the normal period. The impugned order cannot be sustained on the ground of limitation - Appeal allowed - decided in favor of appellant.
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