2019 (10) TMI 495 - AT - Service Tax

VCES declaration - allegation of false declaration on the basis of TDS statement 26AS - declaration was for the months of November 2012 and December 2012 whereas the said declaration was held to be substantially false - HELD THAT - Section 111 of Finance Act, 2013 empowered raising of demand if declaration filed under VCES was established to be substantially false. The declaration was for the months of November 2012 and December 2012 whereas the said declaration was held to be substantially false on the basis of service tax due calculated on the basis of information in Form 26AS for the period from 01 April, 2010 to 31 December, 2012. Since the comparison of tax dues declared for a larger period of tax dues was made said comparison is insufficient to hold the declaration to be substantially false. If the declaration was for two months, the tax dues should have been examined for same period to establish whether the declaration was substantially false - Further, there is no examination of the activities for which appellant had received payments as reflected in Form 26AS. Unless it is established that the entire payments received as reflected in Form 26AS were on account of services provided and such services did not have any provisions for abatement nor there were any exemption then only such payments received are required to be considered as consideration for computation of Service Tax. Since such exercise was not undertaken the demand raised is presumptive. Appeal allowed - decided in favor of appellant.

Issues:
1. Validity of the demand raised under Section 111 of the Finance Act, 2013 based on a VCES declaration.
2. Assessment of tax dues and declaration of substantially false information.
3. Consideration of Form 26AS information for calculating tax liability.
4. Examination of activities for which payments were received as per Form 26AS.

Analysis:
1. The case involved a challenge to a demand raised under Section 111 of the Finance Act, 2013, alleging a substantially false declaration of tax dues by the appellant. The appellant had filed a VCES declaration in December 2013, declaring tax dues of a certain amount. However, the Revenue issued a show cause notice claiming a higher tax liability based on information from Form 26AS for a broader period than the declaration. The Tribunal noted that the comparison of tax dues declared for a larger period was insufficient to establish the declaration as substantially false. The demand was set aside as the examination did not align with the period of the declaration.

2. The assessment of tax dues and the declaration of substantially false information were central to the case. The appellant's declaration under VCES for two specific months was deemed false based on a calculation derived from Form 26AS information spanning a longer period. The Tribunal emphasized that for a declaration covering two months, the corresponding tax dues should have been examined for the same period to determine the accuracy of the declaration. The lack of scrutiny regarding the activities for which the appellant received payments, as reflected in Form 26AS, raised doubts about the validity of the demand and the allegations of false declaration.

3. The consideration of Form 26AS information for calculating tax liability was a key aspect of the judgment. The Tribunal highlighted that unless it was established that all payments received, as per Form 26AS, were for services without abatement or exemption, only then could they be considered as the basis for computing Service Tax. Since this detailed examination was missing in the assessment process, the demand raised was deemed presumptive and lacking a solid foundation. The Tribunal set aside the order and allowed the appeal based on these discrepancies in the assessment process.

4. Lastly, the judgment emphasized the importance of examining the activities for which payments were received by the appellant, as reflected in Form 26AS. Without a thorough analysis of whether these payments were entirely for services without any abatement or exemptions, the calculation of tax liability and subsequent demand could not be considered accurate. The lack of such scrutiny led to the Tribunal overturning the decision and granting relief to the appellant based on the inadequacies in the assessment process.

This comprehensive analysis of the judgment highlights the critical issues surrounding the validity of the demand, the assessment of tax dues, the consideration of Form 26AS information, and the examination of activities related to the payments received by the appellant.

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