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The CESTAT ruled that issuance of SCN for self-assessed tax already declared in ST-3 returns was legally incorrect, as Section 73(1B) of Finance Act, 1994 does not require notice when tax is self-assessed and returns furnished. The Tribunal rejected service tax demands based solely on balance sheet figures without proper investigation, following Lord Krishna Real Infra precedent. The case involved revenue neutrality regarding RCM services claimed as CENVAT credit, making differential duty demands unsustainable per V.E. Commercial Vehicles and Mahindra & Mahindra SC judgments. Services used for business promotion qualified as input services eligible for credit. Penalties under Section 78 were not warranted since service tax was deposited before SCN issuance, and personal penalties against the Assistant Vice President were unjustified absent established evasion.
The CESTAT ruled that issuance of SCN for self-assessed tax already declared in ST-3 returns was legally incorrect, as Section 73(1B) of Finance Act, 1994 does not require notice when tax is self-assessed and returns furnished. The Tribunal rejected service tax demands based solely on balance sheet figures without proper investigation, following Lord Krishna Real Infra precedent. The case involved revenue neutrality regarding RCM services claimed as CENVAT credit, making differential duty demands unsustainable per V.E. Commercial Vehicles and Mahindra & Mahindra SC judgments. Services used for business promotion qualified as input services eligible for credit. Penalties under Section 78 were not warranted since service tax was deposited before SCN issuance, and personal penalties against the Assistant Vice President were unjustified absent established evasion.
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