https://www.taxtmi.com/caselaws?id=451202 CESTAT Allahabad set aside service tax demand raised on mismatch between ST-3 returns and balance sheets. The tribunal held that only amounts actually received are liable to service tax, not amounts reflected in balance sheets for income tax purposes. Since appellant regularly filed ST-3 returns, department should have scrutinized returns at preliminary stage per CBEC circulars. Extended limitation period was erroneously invoked without evidence of mala fide intention or fraud. Penalty under Section 78 was also set aside due to absence of suppression or fraud elements. en-us Tue, 12 Mar 2024 00:00:00 +0530 Fri, 22 Mar 2024 08:36:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=451202 CESTAT Allahabad set aside service tax demand raised on mismatch between ST-3 returns and balance sheets. The tribunal held that only amounts actually received are liable to service tax, not amounts reflected in balance sheets for income tax purposes. Since appellant regularly filed ST-3 returns, department should have scrutinized returns at preliminary stage per CBEC circulars. Extended limitation period was erroneously invoked without evidence of mala fide intention or fraud. Penalty under Section 78 was also set aside due to absence of suppression or fraud elements. Case-Laws Service Tax Tue, 12 Mar 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=451202