Power to receive documentary evidence upheld; documents referred in complaint may be placed on record without amendment where omission was inadvertent...
Proof of foreign public documents requires originals or certified diplomatic/notarial copies; inspection must occur in-magna presence and cross-examin...
Service tax demand confirmed solely on the basis of CBDT/Form 26AS and income tax return data was held unsustainable because the Revenue made no independent verification, enquiry, or corroborative proof of taxable services. Mere comparison of returns could not by itself establish liability under the Finance Act, 1994. The extended period of limitation was also held inapplicable because suppression with intent to evade was not proved on the facts, and departmental correspondence did not amount to such suppression. As the demand failed on evidence and limitation, the consequential interest and penalty were also set aside.
Service tax demand confirmed solely on the basis of CBDT/Form 26AS and income tax return data was held unsustainable because the Revenue made no independent verification, enquiry, or corroborative proof of taxable services. Mere comparison of returns could not by itself establish liability under the Finance Act, 1994. The extended period of limitation was also held inapplicable because suppression with intent to evade was not proved on the facts, and departmental correspondence did not amount to such suppression. As the demand failed on evidence and limitation, the consequential interest and penalty were also set aside.
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