2009 (11) TMI 189

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....HIKEYAN, TECHNICAL MEMBER Varadarajan 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 ....

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.... the balance sheet and has come to the conclusion that 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 inco....

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....s raised in the Annexures A, B and C, which indicate that 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 ....