2023 (6) TMI 123

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..... n law and against the fact of the case. 2. That the Ld. Commissioner of Income Tax (Appeals) has erred on facts by considering the foreign revenue account as receipts from customer account and passing the order accordingly. 3. That the Ld. Commissioner of Income Tax (Appeals) has erred by not considering the fact that difference in revenue as per Service Tax Return and Financial Statement is due to human error only and no mens era on the part of the appellant to suppress the income. 4. That the Ld. Commissioner of .Income Tax (Appeals) has erred by ignoring the fact that appellant came to know about the error at the time of audit of books of accounts only and correct depiction was made in the books of accounts. But at that time servic .....

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..... ify the mistakes made while filing the service tax return which could not be done and Assessee also tried to cure the error physically but the same went on vain. Therefore, submitted that the order impugned requires interference at the hands of the Tribunal. 5. Per contra, the Ld. DR relied on the order of the CIT (A) and submitted that the Appeal filed by the assessee is liable to be dismissed. 6. We have heard both the parties and perused the material available on record. During the course of the assessment proceedings, the A.O. noticed that there is a difference in the revenue reported as per the service tax return as per the financial statement which was confronted to the Assessee. It is the specific case of the assessee before the A. .....

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..... There is no system of manual return filing/revised return by online due to expiry of limitation period. The assessee had tried to revise the service tax return, but the assessee was not successful in revising the service tax return. Considering the fact that the difference between service tax return and the revenue was occurred due to the wrong exchange rate applied to export income transaction while filing the service tax return, which being a genuine mistake and the Department has not alleged or proved any mens rea on the part of the assessee who has also tried to revise the service tax return. Thus, considering the above facts and circumstances, we are of the opinion that mere mistake in the service tax return does not mean that the inco .....

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