2009 (11) TMI 189

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....rajan for the Appellant. U. Raja Ram for the Respondent. ORDER M.V. Ravindran, Judicial Member - This stay petition is filed against the Order-in-Original No. 02/2008-ST(Commr.) dated 23-1-2008 vide which the adjudicating authority has confirmed the following amounts :— (a) Service Tax - Rs. 3,13,34,717 (b) Interest (c) Penalty Rs. 3,13,34,717 (d) Penalty - Rs. 200 per day u/s 76. 2. Afte....

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....hat the contention of the appellant that they have deposited an amount of approximately Rs. 1.04 crores has been dismissed as false claim. It is his submission that all these things can be re-examined by the adjudicating authority as subsequently accepted the contention of the appellant that the assessment should be made based upon the actual income received and not on accrued income. 4. Ld. DR w....

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.... the balance sheet figures and trial balance figures are considered for arriving amount of income. It is also seen that the said annexures clearly indicate that these figures are taken from profit and loss statement and trial balance. If that be so, we are convinced appellant's contention that the amount, which has been received/realized by the appellant should only be considered for the discharge....