2017 (9) TMI 1188

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..... pellant challenged the taxability of the services of rent-a-cab provided arguing that not liable to service tax and also challenged the commission received by them are not taxable under "Business Auxiliary Service" (BAS). 2. On the first count of taxability of rent-a-cab service, appellant says that the cabs were rented on Kilo Meter basis charge and in some cases on the day basis without leaving .....

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..... o March 2011 at Rs. 16,44,571/- and tax of Rs. 1,83,549/- was determined thereon. Both the authorities below have also not examined the records of the appellant to ascertain taxability. They relied on 3rd party information to adjudicate. Further, the notices having been issued belatedly, the demand for the period October 2005 to March 2011 does not sustain being time barred. The authorities procee .....

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..... ity. If opportunity of hearing is granted, appellant shall prove no taxability of commission under "BAS". 4. Revenue on the other hand says that for non-co-operation of the appellant learned authority has passed appropriate order holding tax liability of the appellant. Therefore, learned Commissioner (Appeals) order may not be interfered. 5. Heard both sides and perused the records. 6. Entire a .....

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