2006 (6) TMI 15 - AT - Service Tax

Service Tax - Demand of differential service tax based on Income tax returns - Evidence - Matter remanded

Summary

Issues:
1. Differential Service Tax demand based on Income tax Returns.

Analysis:
The appellant, a Manpower Recruitment Agency, was required to pre-deposit Service Tax, penalty, and interest as per the impugned order. The Department demanded the differential Service Tax based on the Income tax Returns, which the appellant contested. The appellant argued that Income tax returns are filed based on bills and accrual, not on receipts of payment for services rendered.

The Commissioner rejected the evidence provided by the appellant, stating it was not substantiated. The appellant's Counsel argued that returns should be filed based on bills raised, not on payments received. The Counsel contended that the order lacked reasoning and should be set aside, requesting a remand for further examination.

The Tribunal found the appellant's contention justified, noting the distinction between filing Income tax returns and discharging Service Tax. While Service Tax is based on amounts received for services rendered, Income tax returns include bills raised to calculate total receipts. The Commissioner's rejection of evidence without proper scrutiny was deemed inappropriate. The Tribunal granted the appellant's prayer for waiver of pre-deposit and stayed recovery until the appeal's disposal. The matter was scheduled for final hearing after remand, allowing time for the JCDR to submit comments.