2026 (7) TMI 162

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....mits that during the period April 2012 to March 2014, the appellant had incurred freight charges for transportation of goods by road. It is the case of the revenue that during the course of verification of accounts of the appellant, it was noticed that they had not paid service tax under reverse charge mechanism (RCM) in terms of Notification Number 30/2012-ST dated 20.06.2012, for availing the services of a GTA. 2. Upon being pointed out the appellant submits that the entire tax demand raised for Rs.4,84,990/- was recouped to the government. The learned advocate further submits that during the course of adjudication proceedings the adjudicating authority confirmed the demand of Rs. 4,20,811/- and imposed a penalty of equal amount in ter....

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....and has been raised has been culled out by the authorities from their books of accounts and it is a settled position that if the demand is based on balance sheet figures and other documents of the assessee, the demand for extended period on grounds of suppression through concealment with intent to evade payment of duty would not be sustainable. 7. The learned advocate has further pointed out that in any case the position is revenue neutral and they were entitled to avail the credit of the said duty paid which further only reinforces their contention, that there was no intent for evading the payment of duty. He submits that the said question is no more res integra and has been decided in a slew of cases. The appellant has placed reliance ....