TMI Blog2012 (7) TMI 668X X X X Extracts X X X X X X X X Extracts X X X X ..... the relevant factor for paying service tax. Amounts received against taxable activities can be arrived at only if the accounts are examined diligently by a person having some knowledge about accounting methods which is not done in this case. - Pre condition of pre-deposit waived. - Service Tax Appeal No.761 of 2012 - ST/S/753/2012-CUS - Dated:- 13-6-2012 - Archana Wadhwa, Mathew John, JJ. For Appellant: Shri Kapil Vaish, Adv. For Respondent: Shri Sumit Kumar, AR Per: Mathew John: The appellants provide services of Construction of Residential Complexes. They are registered with service tax department and have been paying service tax. When Revenue conducted audit of Bareilly and Rudrapur units of the appellants for the perio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rores recoverable from debtors as on 31.3.2009 is liable to be reduced from the amount of sale. (v) No service tax was payable on the amount of Rs.2.44 crores received towards sale of shops during 15.6.2005 to 31.3.2009. 3. Therefore the Counsel submits that the demand confirmed by impugned order is not supported by law and the adjudicating authority has not done due diligence in verifying facts and figures before confirming the demand and hence the appeals should be admitted without any pre-deposit of dues arising from the impugned order. 4. The Ld A. R. for Revenue submits that the adjudicating authority has considered the above submissions and conceded the contentions of the appellants wherever found correct. He invites attention t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service tax @ 12% recoverable along with 2% Ed. Cess and 1% SHE cess 67,20,597/- 5. Therefore the Ld. A. R. submits that the demand is rightly confirmed and the appellants may be asked to make reasonable pre-deposit. 6. We have considered arguments on both sides. We note that the calculations shown in the SCN or in para 30 of the adjudication order does not take into account the outstanding payments to be received as reflected in the balance sheet. This clearly shows that the amount is not confirmed with due diligence. There are also a few legal issues to be examined in this case. 7. The amounts are confirmed with reference to figures shown in profit and loss account as per AS7 standards prescribed by the Institute of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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