9911796707
TMI Blog2014 (12) TMI 830X X X X Extracts X X X X X X X X Extracts X X X X ..... ed finding that the applicant had not placed any evidence in support of their contention that no amount was collected and no service was rendered by them. It is seen that the applicant had not placed any evidence to substantiate their claim either from the service recipient or any contra or reverse accounting entries or explained the circumstances as to how the business transactions collapsed in b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and ₹ 74,23,590/- of tax were demanded based on the Profit Loss Account as Income from Operations - Software Development Consultancy. He submits that the applicant-company entered into contract with M/s. Digipolis and M/s. Rainstek Systems Pvt. Ltd. for development of the software which did not materialize and therefore there was no collection of the money and no rendering of service. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also barred by limitation as they have disclosed this activity in their record. He also submits that the applicant is suffering from acute financial hardship as their business got closed down during the recession period. 3. On the other hand, the learned AR for Revenue submits that the demand was raised on the management consultancy service on the basis of their P L Account. The applicant had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sheet figure. It is seen that the adjudicating authority had given detailed finding that the applicant had not placed any evidence in support of their contention that no amount was collected and no service was rendered by them. It is seen that the applicant had not placed any evidence to substantiate their claim either from the service recipient or any contra or reverse accounting entries or expla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the buyer concerns who were to use the machines purchased would not be treated as commercial training service. Hence, we find some force in the submission of the learned counsel on this issue. 5. After considering the submissions of both sides and taking into account the financial hardship pleaded by the applicant, we direct the applicant to predeposit a sum of ₹ 20,00,000/- (Rupees ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
