Condonation of Delay: Tribunal directed condonation where rectification proceedings were pursued, ordering merits adjudication after opportunity to be...
Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
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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