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    <title>2019 (2) TMI 2100 - ALLAHABAD HIGH COURT</title>
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    <description>Validity of a show-cause notice issued on the basis of a draft audit report was challenged and rejected because the demand did not follow the statutory scheme requiring service tax to be paid on amounts actually received. The analysis applied the timeline and payment principle in the service tax rules, concluding that tax cannot be demanded for future or unrealised receipts. The Tribunal&#039;s finding that the notice was unsustainable was upheld, and the departmental appeal was dismissed, leaving the assessee favourable relief on the issue of taxability and procedural compliance.</description>
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      <link>https://www.taxtmi.com/caselaws?id=312807</link>
      <description>Validity of a show-cause notice issued on the basis of a draft audit report was challenged and rejected because the demand did not follow the statutory scheme requiring service tax to be paid on amounts actually received. The analysis applied the timeline and payment principle in the service tax rules, concluding that tax cannot be demanded for future or unrealised receipts. The Tribunal&#039;s finding that the notice was unsustainable was upheld, and the departmental appeal was dismissed, leaving the assessee favourable relief on the issue of taxability and procedural compliance.</description>
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