<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>Goods transport agency wins appeal against service tax demand based on ST-3 and Form 26AS discrepancies</title>
    <link>https://www.taxtmi.com/highlights?id=89798</link>
    <description>CESTAT allowed the appeal, setting aside service tax demand against a goods transport agency. The tribunal held that demand cannot be raised solely based on discrepancies between ST-3 returns and Form 26AS/ITR data, as established in precedent cases. Services rendered to body corporates attracted reverse charge mechanism under Notification 30/2012-ST, making the recipient liable for tax payment. Services provided to other GTAs were exempt under entry 22 of Notification 25/2012-ST. The department incorrectly applied best judgment assessment despite regular ST-3 filing and failed to extend cum-tax benefit under Section 67(2). Extended limitation period was improperly invoked as appellant acted in bonafide belief regarding tax liability. The original order was passed ex-parte despite appellant&#039;s timely reply to show cause notice.</description>
    <language>en-us</language>
    <pubDate>Thu, 26 Jun 2025 08:35:33 +0530</pubDate>
    <lastBuildDate>Thu, 26 Jun 2025 08:35:35 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=831733" rel="self" type="application/rss+xml"/>
    <item>
      <title>Goods transport agency wins appeal against service tax demand based on ST-3 and Form 26AS discrepancies</title>
      <link>https://www.taxtmi.com/highlights?id=89798</link>
      <description>CESTAT allowed the appeal, setting aside service tax demand against a goods transport agency. The tribunal held that demand cannot be raised solely based on discrepancies between ST-3 returns and Form 26AS/ITR data, as established in precedent cases. Services rendered to body corporates attracted reverse charge mechanism under Notification 30/2012-ST, making the recipient liable for tax payment. Services provided to other GTAs were exempt under entry 22 of Notification 25/2012-ST. The department incorrectly applied best judgment assessment despite regular ST-3 filing and failed to extend cum-tax benefit under Section 67(2). Extended limitation period was improperly invoked as appellant acted in bonafide belief regarding tax liability. The original order was passed ex-parte despite appellant&#039;s timely reply to show cause notice.</description>
      <category>Highlights</category>
      <law>Service Tax</law>
      <pubDate>Thu, 26 Jun 2025 08:35:33 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/highlights?id=89798</guid>
    </item>
  </channel>
</rss>