Demand for 2014-15 merely on the ground of diff value per 26AS staement Vis-a vis ST 3 returns

[Subhash Kulkarni]

Sir,

-ST demands merely based on diff between the value appearing as per IT returns (26AS Form) under the pretext that the assessee did not respond to the Dept with desired docs such as B/s., P & L A/c , Trial balance for April 17 to June 17 etc

- Audit under EA 2000 conducted by Dept for the entire period upto June 2017 (pre-GST) based on the docs so desired above and hv in fact been provided to audit team

- Based on scrutiny and verification of all the records, the deficiencies towards short payment of ST observed by Audit group for the period upto June 2017

-In line with SVLDR scheme, the assessee opted for payment of dues without goint into further litigations and made the payments which has been accepted and neecessary certificate to the extent in prescribe f Form too has been issued

- With the above factual positions, whether Dept is at liberty to challange the Reco with IT returns for the -period upto June 2017 ?

- Whether the extended period is invokable ?

- For the period Aperil to June 2017, despite the fact that all the records were filed, whether the SCN demanding the ST on best judgement is valid ?

Your comments and help along with case law shall be haighly obliged

AI Summary

Debate Over Service Tax Demand for 2014-15: IT Returns vs. ST-3, Section 72 Implications Discussed A discussion on a forum revolves around a service tax demand for the fiscal year 2014-15, based on discrepancies between IT returns (Form 26AS) and ST-3 returns. The department raised demands due to non-submission of required documents by the assessee. An audit under EA 2000 was conducted, revealing short payments. The assessee opted for the SVLDR scheme to settle dues, avoiding litigation. The forum discusses whether the department can challenge reconciliations with IT returns and invoke the extended period. Contributors debate the validity of a show cause notice (SCN) based on audit findings and the implications of Section 72 of the Finance Act.