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2022 (8) TMI 704 - AT - Service TaxClearing and Forwarding Agent Services - demand of service tax on the basis of information obtained from the Income Tax Department and the figures appearing in TDS statements appearing in Form 26AS - Extended period of limitation - HELD THAT:- The very basis of the impugned demand is the figures appearing in the Income Tax Portal and the Profit and Loss account - It is also found that the Ld. Commissioner has duly noted the fact that the Appellant was duly audited by the Service Tax Department for the compliance up to the Financial Year 2013-14. Since the records have been duly audited, the demand cannot be raised for the same period on account of change in the opinion. Further, it is found that the Appellant had duly submitted the VAT Returns which have been recorded by the Ld. Commissioner in the impugned order. In the VAT Return for the Financial Year 2015-16, the Appellant has duly disclosed the sales turnover of Rs.8,13,46,124/- on which VAT has been duly paid, whereas the impugned demand has been raised considering the value of taxable services to be Rs.8,28,06,929/- by taking higher of the amount appearing in profit and loss account and the Income Tax Return. Similarly, for the Financial Year 2016-17, the value of taxable services have been considered to be Rs.8,96,52,728/- whereas the appellant has duly disclosed the sales turnover of Rs.8,79,88,828/- in its VAT Return on which VAT has been paid at applicable rate - it appears that the major demand has been computed on the sales turnover. Time Limitation - HELD THAT:- There are no ingredient of fraud or suppression with an intent to evade payment of tax - the demand raised for the period up to March 2015 is completely barred by limitation and accordingly the demand is set aside. Further, since there is no element of fraud or suppression, the entire penalty amount is liable to be set aside. Demand pertaining to the Financial Year 2015-16 and 2016-17 - HELD THAT:- By considering the reconciliation statements and the Chartered Accountant Certificate submitted by the Appellant before the Adjudicating Authority, as well as the VAT returns, there is no occasion to sustain the demand as raised in the impugned order. The instant appeal is allowed.
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