9911796707
TMI Blog2012 (6) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... as observed that the assessee had shown receipts as Rs.2,46,22,757/- taxable value for the period from 2004-05 to 2006-07 in their Profit & Loss Account filed by them with the Income Tax return. It was observed that the income declared by appellants in their balance sheet filed with Income Tax department is higher than the income declared in their ST-3 returns for the years 2004-05 to 2006-07. The value realized as per balance sheets was Rs.2,46,22,757/- whereas they had declared the value of Rs.2,32,37,069/- in their ST-3 returns for the period from 2004-05 to 2006-07. Therefore, the appellants were liable for payment of service tax to the tune of Rs.1,86,557/- on Rs.13,85,688/- being the differential value between the Income Tax returns & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e party of Accountant General and they found that during the period 2004-2005 to 2006-2007, the amount indicated as basic cost for the service provided in the ST-3 return was less than what was shown in the balance sheet and consequently there was a short payment of Service Tax to the tune of Rs.1,86,567/-. Proceedings initiated have culminated in confirmation of demand of Service Tax with interest and imposition of penalty equal to amount of Service Tax. It was submitted during the hearing that after the audit was conducted by the CERA party, the officers of the Service Tax wing of the department also conducted the audit of the appellant s record and during the audit of record during the period from 2004-2005 to 2008-2009 was verified by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t levy was pointed out by the audit wing of Accountant General is covered by the verification done by the departmental officers, as pointed out by ld. Chartered Accountant, the confirmation of demand amounts to duplication of demand for the same period in respect of which the Service Tax liability has already been discharged with interest after reconciling the balance sheet figures with ST-3 figures. There is no indication as to why the audit report and the worksheet prepared by the appellant for the purpose of audit is not acceptable to the lower authorities. Further, in view of the fact that the amount actually paid comes down and for the subsequent period also there was a short levy, the matter is required to be considered in the light o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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