Home Case Index All Cases Service Tax Service Tax + AT Service Tax - 2018 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (7) TMI 336 - AT - Service TaxDemand of service tax with interest and penalty - inclusion of service tax amount in the amount shown in the Profit and loss account - case of Revenue is that the appellant is not entitled to the benefit of calculation of the amounts shown in the Profit and Loss accounts being taken as cum-tax amounts as they have not produced any ledgers or other evidence to substantiate their claims - Held that:- A plain reading of the Profit and Loss statement shows that the service tax receipts shown therein are inclusive of the service tax - I do not agree with the learned Commissioner (Appeals) that any additional evidence in the form of ledgers or invoices is required to prove that the value shown in the Profit and Loss statements is inclusive of the service tax element because the very statement says so. In fact it is that very statement which forms the basis for the show cause notice - the assessees are eligible for calculation of the differential tax reckoning the amounts shown in the Profit and Loss statements as inclusive of service tax. The demand of differential duty gets reduced correspondingly and so does any mandatory penalty imposed on them - it is a fit case to remand these cases to the original authority and do so. The Original Authority is directed to recalculate the differential duty payable and penalty, taking the amounts shown in the Profit and Loss statements as service charges and also the corresponding service tax indicated therein - appeal allowed by way of remand.
|