2025 (5) TMI 2325

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....lowed. 2. The facts of the case in brief are that the demand was raised on the basis of third party information i.e. data revealed from ITR/Form-26AS from the Income Tax Department. On this basis, Show Cause Notice [SCN] dated 22.12.2020 was issued alleging that during the Financial Year 2015-16, the Appellant had shown Rs.24,83,181/- as the taxable value in the ST-3 returns. However, Form-26AS shows gross receipts of Rs.2,84,61,686/- which has also been shown as gross receipts from labour supply in the Profit & Loss Account for the year ended on 31.03.2016 i.e. Financial Year 2015-16. It is not understood that from where the imaginary figures Rs.3,00,38,480/- has been taken by the Lower Authority. SCN was adjudicated vide Order-in-Or....

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....the taxable value as proposed in the SCN amounting to Rs.3,00,38,480/- is not correct. 4. It is also the case of the Appellant that the period covered in the SCN i.e. from April, 2015 to September, 2015 is beyond the period of five years from the date of dispatch/service of the SCN. It is further submitted that service tax is liable to be paid on the value of taxable services arrived at in terms of Section 67 of the Finance Act, 1994 read with Point of Taxation Rules, 2011, demand made on the basis of Form-26AS is not sustainable. 5. The learned departmental Authorized Representative appearing for the Revenue reiterated the findings given by the learned Commissioner (Appeals) and submitted that the service tax demanded is to be paid b....