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TMI Blog2018 (2) TMI 724X X X X Extracts X X X X X X X X Extracts X X X X ..... other independent corroborative evidence - appeal allowed - decided in favor of appellant. - ST/761/2012-CU[DB] - ST/A/700059/2018-CU[DB] - Dated:- 3-1-2018 - Mrs. Archana Wadhwa, Member (Judicial) And Mr. Anil G. Shakkarwar, Member (Technical) Shri Kapil Vaish, (CA), for Appellant Shri Mohd. Altaf, Assistant Commissioner (AR), for Respondent Per: Archana Wadhwa The demand o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e view that the value of taxable services declared by the appellants in their return was not correct and there was short payment of tax, Revenue initiated proceedings for recovery of such short paid tax and the proceedings have culminated in the impugned order confirming tax amount of ₹ 67,20,597/- along with interest and penalties under Sections 76 and 78 of the Finance Act, 1994. Aggrieved ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount received prior to 15/06/2005. (iv) Amount of ₹ 15.03 crores recoverable from debtors as on 31/03/2009 is liable to be reduced from the amount of sale. (v) No service tax was payable on the amount of ₹ 2.44 crores received towards sale of shops during 15/06/2005 to 31/03/2009. 3. Learned CA for the appellants submits that on account of the above reasons, there is bound to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t that the demand cannot be raised on the basis of comparisons of ST-3 Returns and Profit Loss Account, without there being any other independent corroborative evidence, we also find force in the assessee s contention of reliance on the Tribunal s decision in the case of Commissioner Versus Macro Marvel Projects Ltd. reported at 2012 (25) S.T.R. J154 (S.C.). 6. Apart from the above, we also n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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