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CESTAT allowed the appeal and quashed the demand, interest and penalties. The Tribunal held that service tax cannot be sustained solely on CBDT/Form 26AS data absent corroborative evidence. For FY 2015-16 the taxable receipt was limited to the sum evidenced by TDS (Rs.36,34,958), not the total turnover shown in income-tax records. The appellant supplied materials and performed original works; Rule 2A abatement (40% taxable value) was applicable and the resultant taxable value fell below the Rs.10 lakh threshold exemption. Consequently no service tax was payable for FY 2015-16. As the demand failed on merits, limitation, interest and penalty issues were not adjudicated further.
CESTAT allowed the appeal and quashed the demand, interest and penalties. The Tribunal held that service tax cannot be sustained solely on CBDT/Form 26AS data absent corroborative evidence. For FY 2015-16 the taxable receipt was limited to the sum evidenced by TDS (Rs.36,34,958), not the total turnover shown in income-tax records. The appellant supplied materials and performed original works; Rule 2A abatement (40% taxable value) was applicable and the resultant taxable value fell below the Rs.10 lakh threshold exemption. Consequently no service tax was payable for FY 2015-16. As the demand failed on merits, limitation, interest and penalty issues were not adjudicated further.
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