Reassessment under s.148A held valid; s.69 additions totaling Rs.7,00,000 deleted after acceptable contemporaneous explanations for property investmen...
Adjudication set aside; Rule 9 valuation based on internet engineer report quashed for Rule 3(4) non-compliance; Section 138B cross-examination requir...
CESTAT remanded the dispute to the original adjudicating authority for fresh determination on the levy of service tax on renting of immovable property in light of the Supreme Court's decision, holding the issue unresolved for the affected tenants. The Tribunal upheld the confirmed demand relating to miscellaneous receipts, finding the appellant failed to substantiate that such receipts were non-taxable (e.g., scrap sales, interest) and sustained the demand with interest and penalty. The Tribunal also sustained the demand arising from discrepancies between the CENVAT Credit Register and ST-3 entries, finding absence of tax-paying documents to support claimed credit. Appeal partly allowed; matters remitted for recomputation and fresh adjudication.
CESTAT remanded the dispute to the original adjudicating authority for fresh determination on the levy of service tax on renting of immovable property in light of the Supreme Court's decision, holding the issue unresolved for the affected tenants. The Tribunal upheld the confirmed demand relating to miscellaneous receipts, finding the appellant failed to substantiate that such receipts were non-taxable (e.g., scrap sales, interest) and sustained the demand with interest and penalty. The Tribunal also sustained the demand arising from discrepancies between the CENVAT Credit Register and ST-3 entries, finding absence of tax-paying documents to support claimed credit. Appeal partly allowed; matters remitted for recomputation and fresh adjudication.
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