2018 (2) TMI 681

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... and labour charges indicated in the P&L Account might/would have been part of the Cargo Handling Services and / or Maintenance of Repair services. It is interesting to note that even the SCN is not able to make up its mind into which service these charges would fall. The allegation built up on assumption and presumption is not sustainable in law - appeal dismissed - decided against Revenue. - .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ndling services. It further appeared to the department that as per Profit Loss Account, the total income indicated on these aspects was much higher than that was declared in the ST3 returns. Accordingly, proceedings were initiated against the respondent proposing demand of differential tax liability of ₹ 11,87,890/ with interest liability thereon, and imposition of penalties under various .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... vidence and even in the SCN there is only assumption put forth that the additional income relates to the services which are required to be taxed. 4. Heard both sides and have gone through the facts. As observed by the Commissioner (Appeals), the difference in amount shown as receipts between the balance sheet of the firm and the ST-3 returns filed by the respondent is the sole basis for the d .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X