https://www.taxtmi.com/caselaws?id=463201 The CESTAT Kolkata held that the demand for short-paid service tax based on discrepancies between financial statements and returns, raised under the extended limitation period, was unsustainable due to lack of evidence of willful suppression or intent to evade tax by the appellant, a PSU. Citing precedent, the Tribunal noted that mere audit differences do not establish suppression by the appellant, and PSUs are unlikely to evade tax intentionally. Consequently, the extended period invocation was invalid, and the penalty under Section 78 was quashed for absence of deliberate evasion. The impugned order was set aside on limitation grounds, and the appeal was allowed. en-us Wed, 06 Sep 2023 00:00:00 +0530 Wed, 13 Aug 2025 19:00:07 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=463201 The CESTAT Kolkata held that the demand for short-paid service tax based on discrepancies between financial statements and returns, raised under the extended limitation period, was unsustainable due to lack of evidence of willful suppression or intent to evade tax by the appellant, a PSU. Citing precedent, the Tribunal noted that mere audit differences do not establish suppression by the appellant, and PSUs are unlikely to evade tax intentionally. Consequently, the extended period invocation was invalid, and the penalty under Section 78 was quashed for absence of deliberate evasion. The impugned order was set aside on limitation grounds, and the appeal was allowed. Case-Laws Service Tax Wed, 06 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=463201