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TMI Blog2006 (11) TMI 572X X X X Extracts X X X X X X X X Extracts X X X X ..... eturns. The appellant's contention is that these amounts have not been received from the parties and therefore, the amounts shown in the Income Tax Returns is on different basis and are in terms of the Income Tax Act; which requires to declare the amounts which are debts and required to be recovered from the parties. While Service Tax has to be discharged on the amounts already received. However, this plea has not been accepted. 2. The learned Counsel submits that the Tribunal has already considered this issue in the case of M/s. Tempest Advertising (P) Ltd., v. CCE, Hyderabad by Final Order No. 1521/2006 dated 15-9-2006 [2007 (5) S.T.R. 312 (Tribunal)] and has clearly given a finding based on its earlier ruling rendered in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fit and Loss Account and the details shown in the Income Tax Returns. The details filed under Income Tax Returns are different from the returns that have to be filed in terms of the Service Tax. In the case of Service Tax, the tax is required to be calculated on total receipts and not on the amount still due from the customers. This position has been clarified in the cited case of BPL Ltd. The findings recorded in Para 2 is reproduced herein below. 2. We have heard both sides in the matter and have perused the records. T. Velu Pillai & Co., Chartered Accountants have issued certificate based on the verification of books of accounts of the appellant company, that till date the appellant did not receive payments towards the debit notes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the payments are received, towards the value of taxable services :" The tribunal has granted full stay by Stay Order No. 334/06 dated 24-3-06, in view of the fact that appellants have not received value of taxable services from their customers in terms of Section 68 and Rule 6 (1) of Service Tax Rules. The service tax is not liable to be paid as the assessee has not received the payments towards the value of taxable service. The appellants have been filing returns and informing the department about the non-receipt of the value of services rendered by their customers and about the non-payment of the same. The department is aware of these facts as the returns have been filed. Therefore, the issue of show cause notice beyond the period of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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