2018 (11) TMI 90

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.... compliances. Show cause notice dated 07.10.2014 was issued. It appeared to Revenue on going through the records, as per the ST-3 returns, that they are paying Service Tax, but on enquiry failed to provide requisite details about the receipts and how they have reached the taxable amount under the various category of services. Thus it appeared that the records of the appellant are not reliable. Reference was also made to Form No.26AS under the Income Tax provisions. It appeared to Revenue that there is huge difference between the taxable amount received by the appellant as per Form No.26AS and the taxable amount shown in their returns. Further there appeared difference in details of payment made by Utility Power Tech Ltd. and NTPC. The appel....

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....    1394482   Non-Taxable (Construction of Road along Ganga canal) 8. Choudhary Flour Mills Pvt.Ltd.-(Loan Tr.)   0   120000 0 Non Taxable (Loan reimbursed) 9. PNB (Intt.)   15939   37999 101007 Non-Taxable-Amount of Intt. On deposit. 10 NSC/SBI (Intt.)   0   81814 90089 Non-Taxable-Amount of Intt. On deposit. 11 Central Bank of India (Intt.)   48008   63041 56468 Non-Taxable-Amount of Intt. On deposit.                     47028465 51360771 51300709 32932524 29437466   3. The ....

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.... detail at Sl.No.8 is concerned, it is regarding loan transaction of the appellant with M/s.Choudhary Flour Mills Pvt.Ltd.. The receipt is in the nature of return of loan by the said M/s.Choudhary Flour Mills Pvt.Ltd.. Accordingly we hold that the said amount is not a taxable receipt. 8. So far the items at Sl.No.9,10,11 in the table above, we find these are receipt of interest by the appellant on their deposits with the bank, post offices etc.. Accordingly we hold that these amounts are not exigible to Service Tax and accordingly no Service Tax is leviable under the provisions of Service Tax. 9. We finally observe that the appellant is liable to Service Tax on Sl.No.1, 3, 4, 5 and 6 of the table above, which is not disputed by the ap....