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Service tax demand amounting to Rs. 18,95,70,056/- for 2007-08 to 2011-12 and Rs. 22,47,16,252/- for 2012-13 was dropped by adjudicating authority on account of short payment of service tax on Works Contract Service. Relying on CESTAT decisions, it held that service tax was leviable only on payments received, not on accrual basis. Appellant submitted CA certificate, shifting onus on department to negate it. Department failed to provide contrary evidence. Estimated inflated demand based on previous year's turnover was rightly rejected. No infirmity found in impugned order, hence appeal dismissed.
Service tax demand amounting to Rs. 18,95,70,056/- for 2007-08 to 2011-12 and Rs. 22,47,16,252/- for 2012-13 was dropped by adjudicating authority on account of short payment of service tax on Works Contract Service. Relying on CESTAT decisions, it held that service tax was leviable only on payments received, not on accrual basis. Appellant submitted CA certificate, shifting onus on department to negate it. Department failed to provide contrary evidence. Estimated inflated demand based on previous year's turnover was rightly rejected. No infirmity found in impugned order, hence appeal dismissed.
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