TMI Blog2015 (12) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... y going by the Balance Sheet and Ledger figures to arrive at the service amount received is not correct. More so because many times we have found that Balance Sheet is prepared on accrual basis whereas Service Tax is levied on receipt basis. In any case for demand of Service Tax, first of all the nature of services rendered has to be considered, thereafter it has to be examined whether the service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent. ORDER Service tax of ₹ 4,25,86,869/- (Rupees Four Crore Twenty Five Lakhs Eighty Six Thousand Eight Hundred and Sixty Nine only) has been demanded from the appellant with interest. Penalty also has been imposed. The demand has been made on the ground that the appellants have rendered Business Auxiliary Service, Site Formation and Mining of Mineral Service. 2. At the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gotten the fact that merely going by the Balance Sheet and Ledger figures to arrive at the service amount received is not correct. More so because many times we have found that Balance Sheet is prepared on accrual basis whereas Service Tax is levied on receipt basis. In any case for demand of Service Tax, first of all the nature of services rendered has to be considered, thereafter it has to be ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the original adjudicating authority to proceed in accordance with law after giving reasonable opportunity to the appellant to present their case. The Commissioner may provide details service wise and party wise separately and the consideration received and the tax payable before proceeding further. Stay petition as well as appeal gets disposed of in the above manner. (Order pronounced and dic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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