TaxTMI 
TaxTMI 
2025 (12) TMI 1005
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....lobal Financial Services Pte. Ltd., Singapore & Hongkong; for these purposes, M/s LARES and M/s ITL, the appellant, have entered into an agreement which also provides for release of the agreed fees payable to M/s IL & FS Global Financial Services Pte. Ltd., Singapore & Hongkong. The appellants, in the discharge of their functions as per the agreement held necessary meeting with M/s LARES, the bankers and overseas financers; held road shows. On completion of the work, M/s IL & FS Global Financial Services Pte. Ltd., Singapore & Hongkong have raised invoices and released the payment to M/s IL & FS Global Financial Services Pte. Ltd., Singapore & Hongkong after obtaining due sanction from M/s LARES. They obtained necessary certificate under Section 195 of Income Tax Act and certificate in Form-15CB from Chartered Accountant. The appellants also raised invoice on M/s LARES for the professional fee and claimed reimbursement of fees paid to M/s IL & FS Global Financial Services Pte. Ltd., Singapore & Hongkong. The appellants have shown such fee as recoverable advance under the Head of "Current Assets"; however, the fee charged by them was treated as income and the same was reflected in S....
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....udit conducted; therefore, extended period cannot be invoked. Learned Consultant further submits that the issue is revenue neutral in the case of the appellants themselves as even if the service tax was paid or payable by the appellants, they would have been entitled to credit. Learned Consultant submits that as the demand of duty itself is not sustainable, extended period cannot be invoked. He relies on the following cases: * ABB limited Vs. Commissioner of C. Ex. & S.T., LTU, Bangalore 2019 (24) GSTL 55 (Tri. Bang.) * Grand Royale Enterprises Ltd. Vs. Commissioner of S.T., Chennai I 2019 (31) GSTL 453 (Tri. Chennai) * Commr. Of S.T., Mumbai -II Vs. Reliance Communication Ltd. -2019 (22) GSTL 203 (Tri. -Mumbai) * Shaikh Iqbal Mohammed Vs. Commr. Of Cus., C. Ex. & S.T., Hyderabad -IV-2019 (25) GSTL 545 * Commissioner of Service Tax, New Delhi Vs. SpiceJet Ltd. -2023 (79) GSTL 271 (Tri. -Del.) * Nizam Sugar Factory Vs. Collector of Central Excise, A.P. -2008 (9) S.T.R. 314 (S.C.) * M/s Delta Energy Systems India Private Limited Vs. Commissioner of Central Excise, Delhi -III-2025 (10) TMI 258 -CESTAT Chandigarh. ....
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....ind that Principal Bench of the Tribunal in the case of Sunshine Steel Industries - (2023) 8 Centax 209 (Tri. Del.) held that: 19. With the assistance of the learned authorized representative appearing for the Department Form ER-I that has to be submitted online has been perused. There is no space designated for the assessee to disclose that it is a related party and indeed the learned authorized representative appearing for the Department has not been able to point out any space where this information was required to be disclosed by the appellant. What has been alleged in the show cause notice is that the appellant had suppressed this information in the ER-I Form. As the said form does not require an assessee to disclose this information, it is not open to the Department to contend that the assessee had suppressed any information. 20. The Department cannot be permitted to invoke the period of limitation by merely stating that it is a case of self-assessment as even in a case of self-assessment, the Department can always call upon an assessee and seek information. It is under sub-rule (1) of rule 6 of the Central Excise Rules, 2002 (the Rules) that the assessee is....
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.... To enter the details of default in the register and submit report to the Range Officer. To verify the default cases, as reported by the Sector Officer, and initiate recovery proceedings. He will also furnish the report of defaulters to AC/DC. Further, in case of default for more than 30 days, the RO has to enforce the provisions contained in sub-rule 3(A) to Rule 8 of CER, 2002. 2.3 Completion of scrutiny of returns. Each Return, selected for detailed scrutiny, to be endorsed that the same has been subjected to scrutiny and found in order. Shortcomings, if any, be specified alongwith action initiated. To record the fact of completion of scrutiny on all copies of the return and also details of action initiated for shortcomings noticed. * 24. The Central Excise Manual published by CBEC on May 17, 2005, which is available on the website of CBEC, devotes Part VI to SCRUTINY OF ASSESSMENT. Paragraphs 2.2,2.3 and 2.4 of this Part are reproduced below: "2.2 The Superintendent of Central Excise in-charge of the Range Office, with assistance of the Inspectors in-charge of the factory of an assessee, will scrutinize all the returns. They shall in selected....