TMI Blog2018 (9) TMI 1517X X X X Extracts X X X X X X X X Extracts X X X X ..... erence in the receipts as per balance sheet as compared to the ST-3 returns this Tribunal held that the receipt declared in the balance sheet is for accounting purposes or for the purpose of Income Tax and the same cannot be considered as Revenue for levy of service tax. We also note that the book of accounts are not rejected and without rejecting the assumption of the gross receipt as taxable service, is untenable, and grossly wrong. The SCN is misconceived and vague, and also erroneous - Appeal allowed - decided in favor of appellant. - ST/70034/2018-CU[DB] - 72263/2018 - Dated:- 20-9-2018 - Mr. Anil Choudhary, Member (Judicial) And Mr. Anil G. Shakkarwar, Member (Technical) For the Appellant : Shri Abhinav Kalra (CA) For ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... per Debtor s ledger Total amount (2+3) Abatement admissible Assessable Value Service Tax payable Assessable value as declared in the ST-3 returns Service Tax paid (as per returns/GAR challans (1) (2) (3) (4) (5) (6) (7) (8) (9) 2011-12 256960662 32679358 286940020 67% 95581207 9844864 31277772 3221611 2012-13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance Act. 5. Being aggrieved the appellant is before the Tribunal. The learned counsel for the appellant points out that the show cause notice is misconceived. It is a clear case of misreading the financial statement and the returns of the appellant. From the very reading of the show cause notice and the table referred to herein above, which is reproduced from the show cause notice, we are satisfied that the show cause notice is wholly misconceived as the amount of gross receipts shown in the balance sheet, is the adjusted amount after adjusting the opening and closing sundry creditors debtors, if any. Further, gross receipts/sales is the credit balance in the accounts and Sundry Debtors in the debit balance, as on the Balance sheet date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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