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Time of Show cause notice

Service Tax - Started By: - Vijesh Jaiswal - Dated:- 16-4-2015 Last Replied Date:- 17-4-2015 - Dear Sir,Kindly reply my query and advice:I am not registered with Service Tax but have been investigated by service tax authorities for work contract serv .....

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and for the work contract I executed during FY 2009-10.Kindly suggest and advice me on timing of SCN in the matter.Thanks and regards.Vijesh Jaiswal - Reply By PAWAN KUMAR - The Reply = Dear Sir, As per my view, The investigation is related to FY 200 .....

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or by collusion or by fraud, or any willful mis-statement, or contravention of any of the provisions of this act or rules made thereunder with intent to evade payment of duty invoking extending period of limitation, the subject period of issuance wou .....

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for the period from October 2009 to March 2010, the subject due date of 25.04.2010 can be considered as relevant date and the five years as per my view. therefore the department served the notice on 07.04.2015, i.e. prior to 25.04.2015. - Reply By Ra .....

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ing the amount of tax not levied or not paid or short levied or short paid or erroneously refunded within eighteen months from the relevant date. According to Section 73 (6) of the Finance Act, 1994 the relevant date means- (i) in the case of taxable .....

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e said return relates, is to be filed by an assessee, the date on which such return is so filed; (b) where no periodical return as aforesaid is filed, the last date on which such return is to be filed under the said rules; (c) in any other case, the .....

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er the final assessment thereof; (iii) in a case where any sum, relating to service tax, has erroneously been refunded, the date of such refund. Once the show cause notice is issued the Department cannot invoke five year period subsequently, that is, .....

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