https://www.taxtmi.com/caselaws?id=755468 The CESTAT Ahmedabad set aside service tax demand under Section 67 of Finance Act, 1994 based on differential amounts between bank statements and ST-3 returns. The tribunal held that the department failed to establish how differential amounts constituted consideration for taxable services under Section 65B(44). Statements from appellant's accountants were deemed inadmissible without corroborative evidence and proper examination under Section 9D of Central Excise Act, 1944. Since the department provided no justification that differential amounts represented consideration for taxable services, both service tax demand and penalties under Sections 77 and 78 were set aside. Appeal allowed. en-us Thu, 11 Jul 2024 00:00:00 +0530 Sat, 13 Jul 2024 08:19:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=755468 The CESTAT Ahmedabad set aside service tax demand under Section 67 of Finance Act, 1994 based on differential amounts between bank statements and ST-3 returns. The tribunal held that the department failed to establish how differential amounts constituted consideration for taxable services under Section 65B(44). Statements from appellant's accountants were deemed inadmissible without corroborative evidence and proper examination under Section 9D of Central Excise Act, 1944. Since the department provided no justification that differential amounts represented consideration for taxable services, both service tax demand and penalties under Sections 77 and 78 were set aside. Appeal allowed. Case-Laws Service Tax Thu, 11 Jul 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=755468