Revenue Department cannot pass a demand order beyond the scope of the SCN


Last updated: 21 July 2022

Court :
CESTAT, Allahabad

Brief :
The CESTAT, Allahabad in the matter of M/s. T.S. Motors India Private Ltd.v.Commissioner of CGST & Central Excise, Lucknow [Service Tax Appeal No. 70377 of 2018 dated June 17, 2022] set aside the order passed by Revenue Department demanding Service tax for alleged suppression of correct value of taxable service by invoking the extended period of limitation. Held that, the Show Cause Notice ("SCN") has been issued without mentioning the reasons of the alleged suppression with an intention to evade payment of service tax. Further held that, extended period of limitation can only be evoked when “suppression” is shown to be wilful with intent to evade payment of service tax.

Citation :
Service Tax Appeal No. 70377 of 2018 dated June 17, 2022

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Bimal Jain
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