Opportunity to furnish unsecured-loan confirmations is required before reassessment initiation; proceedings require fresh consideration after taxpayer...
Under-reporting on a first reassessment return attracts penalty, while enhanced misreporting penalty requires proof of a statutory misreporting catego...
CESTAT determined service tax liability on commission-based loan facilitation services. Appellant challenged tax calculation basis and limitation period. Tribunal held service tax must be computed on gross commission amount per Section 67 of Finance Act, not net commission received, following precedent in JMD Marketing case. However, extended limitation period u/s 73(1) was invalidly invoked as Department failed to prove willful suppression of facts, considering appellant's bona fide belief and consistent tax payments on net commission. While ruling against appellant on valuation methodology, appeal succeeded on limitation grounds. Demand held time-barred, impugned order set aside.
CESTAT determined service tax liability on commission-based loan facilitation services. Appellant challenged tax calculation basis and limitation period. Tribunal held service tax must be computed on gross commission amount per Section 67 of Finance Act, not net commission received, following precedent in JMD Marketing case. However, extended limitation period u/s 73(1) was invalidly invoked as Department failed to prove willful suppression of facts, considering appellant's bona fide belief and consistent tax payments on net commission. While ruling against appellant on valuation methodology, appeal succeeded on limitation grounds. Demand held time-barred, impugned order set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4915 
