2010 (5) TMI 466 - AT - Service Tax

Demand voluntary disclosure of income income could not be added to the taxable value unless there is evidence to prove the same - no evidence to show that the income disclosed is the part of taxable service no any infirmity in the impugned order - appeal are rejected

Summary

Issues:
1. Whether the disclosed income before the Income-tax Department should be added to the taxable value for calculating service tax liability.
2. Whether there is sufficient evidence to prove that the disclosed income is part of taxable service.

Analysis:
1. The case involved a dispute where the respondent, engaged in photography services, voluntarily disclosed income of Rs. 11 lakhs to the Income-tax Department during the financial year 2002-03. The Revenue alleged that this disclosed income, found in cash at the business premises, was generated through clandestine provision of services without paying service tax. Consequently, a service tax demand was raised along with penalties under relevant sections of the Finance Act, 1994. The Commissioner (Appeals) had dropped the demand, stating that the disclosed income cannot be added to the taxable value without evidence. The Revenue appealed this decision.

2. The Revenue argued that since the respondent had a photography business and admitted to the income, it should be added to the taxable service. However, during the hearing, it was revealed that there was no evidence or exercise conducted by the department to substantiate the claim that the disclosed amount was related to taxable services. The learned DR admitted the lack of corroborative evidence. Referring to a previous case, the Tribunal highlighted that voluntary income disclosure to income tax authorities cannot be automatically considered part of taxable service without supporting evidence. As there was no proof linking the disclosed income to taxable services, the Tribunal rejected the stay application and the appeal, upholding the decision of the Commissioner (Appeals).

This judgment emphasizes the importance of supporting evidence in tax matters and highlights that voluntary income disclosures to income tax authorities do not automatically translate to taxable services without proper verification.