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TMI Blog2013 (10) TMI 631X X X X Extracts X X X X X X X X Extracts X X X X ..... Act 1994, if there was a difference, show-cause notice should have issue within one year. If show-cause notice has to be issued after one year, suppression or mis-declaration should have been invoked. Only on the ground that there is a difference in the income between Profit and Loss Account and the amount of service tax paid, a show-cause notice has been issued which in our opinion is not a suff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 practice and calculated the amount of tax payable by them. According to the appellant, the amount payable came to Rs. 40,60,204/- and this was paid promptly. After the payment was made after more than one year, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt 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 has to be issued after one year, suppression or mis-declaration should have been invoked. Only on the ground that there is a difference in the income between Profit and Loss Account and the amount of service ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 appellant s claim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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