Any tribunal decision.

[Guest]

Any tribunal decision regarding the notice to deposit the service tax after a period of 18 months or so i.e. after a prescribed time in the law

[DR.MARIAPPAN GOVINDARAJAN]

Section 73(1) of Finance Act empowers the Central Excise Officer to issue show cause notice for the recovery of short levy or short payment or non levy or non payment or erroneous refund of service tax within 18 months from the relevant date. The limitation of 18 months may be extended to 5 years if the non levy or short levy or non payment or short payment of service tax is by means of fraud, collusion, mis-statement, willful with intention to evade payment of service tax.

AI Summary

Service tax limitation period: standard time limit for issuing recovery notices, extended where fraud, collusion or willful evasion exists. Service tax recovery notices to remedy short levy, short payment, non levy, non payment or erroneous refunds must be issued within the statutory limitation period; however, where the shortfall results from fraud, collusion, misstatement or willful intent to evade payment, the limitation period is extended to permit later issuance of recovery notices.