2012 (9) TMI 73

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....an Suri and Smt. Sikha Suri. The services of rent-a-cab operator as defined under Section 65(91) read with Section 65(105)(o) of Finance Act, 1994 become taxable w.e.f. 16-10-98. In December, 2003, the appellant's activities of rent-a-cab service came to the notice of the department and on inquiry, it was found that though they had obtained Service tax registration on 20-6-2001, they were not paying Service tax and were not filing any return to the department in this regard. It was found that during the period 2000-2001 to 2003-2004, they had received gross amount of Rs. 8,91,80,169/- on which Service tax chargeable was Rs. 55,15,317/-, which had not been paid by them. In this background, a show cause notice dated 6-5-2005 was issued to the....

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....hind the back of the appellant and thus, the principles of natural justice have been violated, that there was no suppression of any facts on the part of the appellant, and longer limitation period under Section 73(1) has been arbitrarily invoked, that no penalty was imposable on the appellant under Section 75A, 76, 77 and 78 of the Finance Act, 1994, and that in any case, the appellant were eligible for 60% abatement under Notification No. 2/06-S.T. but the same has not been given. He, therefore, pleaded that the impugned order is not correct. 5. Shri Sheo Narayan Singh, ld. Jt. CDR defended the impugned order by reiterating the findings of the Commissioner (Appeals) in it and pleaded that in view of the judgment of the Punjab & Har....