Revisional power in block assessment upheld, undisclosed search income sustained, freight suppression addition restored, accrued lorry hire liability ...
Reassessment and fee-for-technical-services classification: reopening upheld, but certain reimbursements and mobilization charges fell outside treaty ...
Section 80P deduction for co-operative societies remains available despite nominal members and housing society status, with limited interest income tr...
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The CESTAT allowed the appeal, holding that the demand for recovery of service tax with interest and penalty based on alleged suppression of material facts was unsustainable. The appellant had filed returns for both halves of FY 2014-15, declaring taxable service value and paying due service tax. The Show Cause Notice failed to establish willful suppression or intent to evade tax, a necessary prerequisite for invoking the extended limitation period. Mere bald allegations were insufficient to justify extended period invocation. Consequently, the demand issued beyond the normal limitation period was barred. The tribunal refrained from addressing other contentions, deciding solely on limitation grounds.
The CESTAT allowed the appeal, holding that the demand for recovery of service tax with interest and penalty based on alleged suppression of material facts was unsustainable. The appellant had filed returns for both halves of FY 2014-15, declaring taxable service value and paying due service tax. The Show Cause Notice failed to establish willful suppression or intent to evade tax, a necessary prerequisite for invoking the extended limitation period. Mere bald allegations were insufficient to justify extended period invocation. Consequently, the demand issued beyond the normal limitation period was barred. The tribunal refrained from addressing other contentions, deciding solely on limitation grounds.
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