2013 (10) TMI 631

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..... ndent (AR) ORDER Per. B.S.V.MURTHY Service tax of Rs. 74,65,740/- has been demanded and penalties under Sections 77 and 78 have been imposed on the appellant. 2. During the audit of the appellants branch, audit found out that the service tax paid was less than what was due and after the audit pointed out that there was a short payment, the appellants made a detailed study of their accounting .....

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..... ce we are satisfied that there is no differential duty payable by the appellant. We also take note of the fact that this is a case where the appellant, paid the difference service tax worked out by the Accountant Generals audit. Therefore as per the provisions of Section 73(3) of Finance Act 1994, if there was a difference, show-cause notice should have issue within one year. If show-cause notice .....

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..... chargeable to ST E=D/(1+tax rate) 51,07,86,442 Difference in taxable value short reported F=E-B 3,47,61,920 Service tax payable on difference G=G x tax rate 40,33,191 Service tax paid based on audit findings H 40,60,204 Excess service tax paid   -27,013 According to the above statement, the appellant has paid an excess service tax of Rs. 27,013/- without taking into the appella .....

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