2018 (6) TMI 128

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....ity observed that the appellant paid an amount of Rs. 64,03,284/- as Service Tax on the taxable value of Rs. 5,33,61,913/-. But as per Profit and Loss account service tax amount of Rs. 86,00,732/- was payable on the taxable value of Rs. 7,12,46,826/- resulting into short payment of Rs. 21,97,448/- for the period from 2005-06 to 2008-09. For which the show cause notice was issued which culminated into an adjudication order whereby the demand was confirmed. Being aggrieved by the orderin-original, appellant filed an appeal before the Commissioner (Appeals), which came to be dismissed wherein the Ld. Commissioner has modified the original order by giving cum tax benefit and consequently the liability stand reduced to Rs. 13,10,200/-, penalty u....

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....s that the show cause notice was issued on the basis of Profit and Loss account of the appellant but total taxable value shown in the show cause notice is Rs. 7,12,46,826/-, however the show cause notice has not given any bifurcation of this consolidated amount. It is obvious that appellant being a provider of banking and financial services providing taxable and exempted service. Therefore it is necessary to show the individual account head and the amount of such account before ascertaining that whether all such accounts heads are on account of taxable service or otherwise. The appellant in their reply made the following submissions "1. The amount mentions as "Taxable Value" as per "profit and loss account has not been detailed out as to....