Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

M/s. Top Security Ltd. Versus CCE & ST, Chennai

2016 (6) TMI 445 - CESTAT CHENNAI

Tax liability - Security service - Substantial reduction on reconciliation of accounts - Held that:- even the delay in receipt of payment advice may cause difference in determination of liability of the relevant taxing period. Therefore, it may not cause prejudice to the interest of Revenue, if the appellant gets an opportunity for reconciliation of its figures and satisfy the adjudicating authority for determination of proper tax liability. Accordingly, the appellant is directed to make an appl .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ity is discharged, penalty may not be exigible. However, saying so, we do not prevail over the mind of the adjudicating authority since there is no estoppel against law and what that is law shall apply on the facts and circumstances of the case that may reach to his record. The appellant shall be heard on both facts and law and a reasoned and speaking order shall also be passed. Ld. Adjudicating authority has extended the concessional penalty of 25% of the tax demand. He may also extend such con .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nt advice from different parts of the Country where service is provided, accounts is compiled in Mumbai and reconciliation of accounts could not be done expeditiously. During the impugned period, although the appellant was registered, returns were not filed. Ld. Adjudicating authority raised service tax demand of ₹ 52,54,860/-. However, tax liability shall be substantially reduced on reconciliation of accounts and that may be to the tune of ₹ 45,70,281/-. Therefore, the matter requir .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n of law and proper re-adjudication on such count. 3. Revenue says that the appellant availed opportunities to explain their case and adjudication order was passed on the figures submitted by them. Therefore, there is no need to send back the matter for reconciliation. So far as the penalty aspect is concerned, Revenue says that has properly been levied. 4. Heard both sides and perused the records. 5. Ld. Counsel s submission deserves appreciation for the reason that in the case of centralized a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version