2016 (10) TMI 307

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.... Shri Sameer Chitkara, Authorised Representative, for the Respondent. ORDER The appellants herein, M/s. Oil & Natural Gas Corporation Limited is aggrieved by the impugned order-in-appeal wherein the Commissioner (Appeals) has held that the suo motu adjustment of excess payment of service tax made in October, 2008, on account of revision of rent already recovered for the period from April, ....

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....at the show cause notice and demand are liable to be set aside on this count also. 3. On the other hand, the learned Authorised Representative for Revenue submits that they have not mentioned about the adjustment in the concerned column in ST-3 Returns wherein the amount of re-adjustment should be mentioned and this column shows NIL. He further submits that this is a valuation matter and t....

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....nts choose to re-adjust the same suo motu. It is apparent that they have not followed the procedures in this regard. However, the fact remains that they were entitled for the amount. Therefore, demand of service tax of the said amount is not sustainable. Consequently, imposition of equivalent penalty under Section 78 is also not sustainable. However in the fitness of things, it would be appropriat....