Audit initiated against service recipient cannot be a ground to reject VCES declaration of the Assessee
Court :
High Court, Madras
Brief :
The Hon’ble High Court of Madras after observing that there was no audit initiated/ conducted against the Petitioner or in business premises of the Petitioner, held that:
- Audit of service recipient, SIPL is not relevant and the Petitioner was never put to notice before March 1, 2013;
- Even otherwise, the letter dated March 7, 2013 was an intimation and was neither initiation of audit nor communication of audit objection;
- Even assuming that it was an intimation of audit objection, yet communication on March 7, 2013 was much after cut-off date.
Citation :
Ovieya Builders Vs. Commissioner of Customs, Central Excise & Service Tax (Appeals), Coimbatore [(2015) 53 taxmann.com 26 (Madras)]
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Judgement posted by
Bimal Jain
Service
FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more
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