2024 (3) TMI 694

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....the year 2014-15 to 2017-18 based on information as collected from the Income Tax data (ITR-5). It is an admitted position that the demand in the present matter has been worked out on the basis of Income Tax Returns for the year 2014-15 to 2017-18 filed by the appellant and on the basis of 26 AS and profit and loss accounts for the aforesaid period. It is observed that there is no other basis for sustaining the demand as upheld by the lower authority other than that stated above. It is further observed that the demand for the second half of 2014-15 as also post period of 2017-18 has been worked out on "deemed" basis rather than on actuals in the absence of relevant information for the said specific period. It may therefore be said that the ....

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....nt has submitted that part of the demand raised in the show cause notice for the Period April 2014 to September 2014 was time barred whereas demand for the period July 2017 to March 2018 was out of the scope of the service tax as a new regime of Indirect Taxation (GST) had come into force w.e.f. 01.07.2017. They have further submitted that the demand raised by the department is arbitrary and the fact of availability of threshold exemption of Rs.10 Lakh available to them, for each of the years concerned in terms of Notification No. 33/2012 dated 20.06.2012 has not been considered at all. 4. Insofar as for the demand for 2014-15, it is an admitted position that for the half year from October 2014 to March 2015 is concerned, that the same h....

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....value for each of the three years and their service tax liability as under:   2015-16 (Rs.) 2016-17 (Rs.) 2017-18 (Rs.) Total Value of parts under provided  Warranty Services: (Exempt)  (Reimbursed by company-Bosch) FOLDER-A 6,72,500/- 10,75,353/ - 2,53,693/- 20,01,546/ - Labour Charges for Warranty Service (Taxable) (Reimbursed by company Bosch) -FOLDER-B 4,29,541/- 2,19,790/- 47,475/- 6,96,806/- Independent labour charges;  (Taxable)-FOLDER-C 7,44,705/- 6,87,679/- 5,15,089/- 19,47,473/- Total taxable value 11,74,247/- 9,07,469/- 5,62,564/- 26,44,280/- Threshold Exemption 10,00,....