Governmental authority status supports construction-service exemption, while pre-cutoff contract and stamp-duty compliance requires verification on re...
Automated Free Sale and Commerce Certificates enable paperless processing while retaining risk-based manual verification for selected exporter applica...
Employee stock-shortage penalties do not constitute consideration for services, preventing GST collection under Schedule II in employment relationship...
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.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4828 
Join Channel 
