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Stay Granted on non classification
Date 03 Jan 2015
Written By
Tax Demand Stayed Due to Lack of Specificity on Taxable Service; CESTAT Sides with Company Over ST-3 Discrepancies
In a case involving a company and the tax authorities, the tax department confirmed the recovery of service tax based solely on discrepancies between figures in the company's ST-3 form and its balance sheet, without specifying the nature of the taxable service. The company appealed to the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), which found that the demand was improperly confirmed without identifying the taxable service. Consequently, CESTAT granted a stay on the recovery of the disputed tax amount, acknowledging that the company had a strong case.

Case

ILFS Clusters Development Initiative Ltd v/s CCE and ST Noida  2014 (9) TMI 880 - CESTAT NEW DELHI

Facts

In the said case the department has confirmed the recovery of service tax on the difference found between the figures in ST-3 and balance sheet without mentioning the nature of taxable service.

The aggrieved assessee filed appeal before CESTAT.

Held

The appellant is correct in as much as the demand has been confirmed only on the basis of the difference found between the figures in ST-3 and balance sheet of the appellant without mentioning on which taxable service demand is confirmed. Thus, prima facie, the appellants have made out a good case for staying recovery of this component of demand. Stay granted.

Hope the information will assist you in professional endeavors.

CA Akash Phophalia

Chartered Accountant

(BCOM (HONS), MCOM (FandT), CS, DISA, Certified Indirect Taxation of ICAI)

Office No 203, Amrit Kalash,

Residency Road, Near Bombay Motor Circle

Jodhpur – 342001

Rajasthan

0291-2640225, 9799569294

The contents are for informational purpose and no where constitutes professional advice or recommendation.

Service Tax
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