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    <title>2024 (8) TMI 1052 - CESTAT HYDERABAD</title>
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    <description>Denial of adjustment/deduction towards service tax paid to vendors/sub-contractors for 2014-15, 2016-17 and 2017-18 (up to June 2017) was held unsustainable because the Commissioner (Appeals) applied the deduction principle for one year but rejected the remaining years without a detailed speaking order, merely citing non-production of Cenvat records and the one-year availment restriction; the matter was remanded for fresh determination permitting production of supporting documents. Demand confirmed by applying Rule 2A(ii)(a) of the 2006 Valuation Rules to restrict abatement to 60% was set aside since that legal basis was not invoked in the SCN. Invocation of the extended period was upheld as the assessee&#039;s improper method could not amount to disclosure, and penalty under s.78 was directed to be re-determined.</description>
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    <pubDate>Wed, 14 Aug 2024 00:00:00 +0530</pubDate>
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      <description>Denial of adjustment/deduction towards service tax paid to vendors/sub-contractors for 2014-15, 2016-17 and 2017-18 (up to June 2017) was held unsustainable because the Commissioner (Appeals) applied the deduction principle for one year but rejected the remaining years without a detailed speaking order, merely citing non-production of Cenvat records and the one-year availment restriction; the matter was remanded for fresh determination permitting production of supporting documents. Demand confirmed by applying Rule 2A(ii)(a) of the 2006 Valuation Rules to restrict abatement to 60% was set aside since that legal basis was not invoked in the SCN. Invocation of the extended period was upheld as the assessee&#039;s improper method could not amount to disclosure, and penalty under s.78 was directed to be re-determined.</description>
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