2026 (5) TMI 977

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....ected the appeal filed by the appeal while confirming the Order-in-Original dated 11.05.2023. 2. The genesis of the dispute lies in the data, namely, the Income Tax Return (ITR) for the Financial Year 2016-17, received by the department from the Income Tax Department. Acting on the said information, the Revenue called upon the appellant to furnish the  financial records including Form 26AS etc for the period 2016-17 to 2017-18 (upto June). The appellant, however, failed to submit the requisite documents. In the absence of documentary evidence, the Adjudicating Authority proceeded on the basis of best judgment assessment and issued a Show Cause Notice dated 11.10.2021 under Section 73(1) of the Finance Act, 1994, invoking the extende....

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.... the demand confirmed by the Adjudicating Authority. 6. While rejecting the appeal, the Ld. Commissioner (Appeals) observed that the appellant had failed to file any grounds of appeal along with Form ST-4. Form ST-4 is the prescribed form for filing appeals under the statute. The impugned order also records that: 'the appellant has not submitted balance sheet, profit & loss accounts, Form 26AS, Sales Registers, Sales Invoices for the impugned period. Without verification of the said documents the amount claimed as SEZ sale cannot be reconciled. Further they have not submitted CA certified copy of Reconciliation Statement. Hence at this stage I cannot grant the benefit of exemption with respect to SEZ sale in terms of Notification No.12/2....

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....that the 'STATEMENT OF FACTS-GROUNDS OF APPEAL' are required to be mentioned. Though the said Form ST-4 contained a Note also at the end of the form and the said Note has also been quoted by the appellant in the said 1st appeal which reads as 'Note:-The form of appeal including the statement of facts and the grounds of appeal shall be filed in duplicate and shall be accompanied by a copy of the decision or order appealed against." [emphasis supplied]. 11. A perusal of the memorandum of appeal filed before the Ld. Commissioner (Appeals) reveals that while the appellant filled in the relief claimed at Serial No. 7 of Form ST-4, the prescribed Statement of Facts and the Grounds of Appeal, which constitute the substantive pleadings challengi....