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TMI Blog2024 (1) TMI 1161X X X X Extracts X X X X X X X X Extracts X X X X ..... -3 Returns and Income Tax Returns for the period between October 2013 and March 2014, that was set aside by the Commissioner of CGST & Central Excise, Audit-III, Mumbai in his Adjudication order referred above, is assailed before this Tribunal by the Revenue-Department. 2. Facts of the case, in brief, is that Respondent M/s SBI Life Insurance Company Ltd., having its registered Office at Andheri, Mumbai has been engaged in providing different type of insurance services, apart from providing services like renting of immoveable property etc. Appellant-Department, on verification of data obtained from Income Tax Return and Service Tax Returns of the aforesaid period had observed that against Rs.10,382 Crores of turnover shown as services rend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of other relevant documents regarding placing of orders, supply of goods etc., the demand on the Respondent should not have been set aside by the Commissioner. 4. Learned Authorised Representative for the Appellant-Department, Shri Pramod Kumar Maurya, AR reiterates the same observations during course of his argument. 5. In response to such submissions Learned Counsel for the Respondent Shri S. S. Gupta Chartered Accountant, in placing reliance on the judgment of this Tribunal passed in the case of M/s Umesh Tilak Yadav Vs. Commissioner of Central Excise, Nagpur reported in 2023 (11) TMI 473-CESTAT Mumbai, M/s Maheshwari Transport Vs. Commissioner of Central Excise & Service Tax, Raigad reported in 2023 (9) TMI 77- CESTAT Mumbai, M/s Sha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thout a formal proof, in their absence under certain contingences. Be that as it may, it is worth mentioning here that apart from examining the certificate issued by Chartered Accountant, Learned Commissioner had also examined other relevant documents from the case records and observed glaring discrepancies ranging from taking of figures of Income Tax Return of the preceding year 2012-13 and comparing the same with Service Tax-3 Return of the subsequent year 2013-14 and making demand on the basis of Service Tax-3 returns of six months while taking figures of Income Tax Return for the entire Financial Year. Interestingly enough, he has categorically pointed out, which is also noted in the Review order of the Committee of the Chief Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... returns for the said period. c. The notice has wrongly taken the turnover of the financial year 2012-13 as the turnover for the financial year 2013-14. d. The value of ST3 returns for 2013 -14 has also been wrongly taken as Rs.7254,32,73,290/- as against actual figure of Rs.4907,51,86,530/-. e. ,The actual difference in the turnover as per IT returns and the ST3 returns for the financial year of 2013-14 works out to Rs.::>749,58,64,606/- [Rs.10657, 10,51,136 - Rs.4907,51,86,530/-j as against Rs.3127,78,64,875/- mentioned in the notice. f. As the demand should have been restricted to the period of Oct. 2013 to March 2014, service tax should have been demanded on the differential value of RsA137,56,88,081/- [value as per Schedule ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been short levied or which has been short paid or which has been erroneously refunded. Therefore, the first step for Revenue is to establish that a specific amount to be demanded through show cause notice by invoking the said provision is service tax either not paid or short paid or not levied or short levied. Therefore, it is essential to establish that the value on which such service tax is calculated is the value under Section 67 and the same is derived from the consideration received by the appellant out of the activity which has to satisfy definition of service under sub-section (44) of Section 65B of Finance Act, 1994. Such type of examination of the facts and arriving at the prima facie view that the appellant had received the co ..... X X X X Extracts X X X X X X X X Extracts X X X X
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