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TMI Blog2018 (10) TMI 1072X X X X Extracts X X X X X X X X Extracts X X X X ..... ty is to be provided. Liability of service tax of ₹ 1,33,477/- - Held that:- Even though the appellant have been claiming that the value against which the said amount of service tax demanded represents loans received from various persons, wrong entry and thereafter correction in their books of account etc. - both the authorities below have not addressed on the defence advanced by the appellant - to ascertain the correctness of the claim of the appellant, the matter needs to be remanded to the adjudicating authority. Appeal allowed in part and part matter on remand. - APPEAL No. ST/87412/2018 - A/87308/2018 - Dated:- 17-9-2018 - Dr. D.M. Misra, Member (Judicial) Shri Jinit R. Shah, C.A., for appellant Shri M.P. Dam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount of service tax under Section 78 of the Finance Act, 1994 is unwarranted and hence liable to be set aside. In any case, the appellants are entitled to discharge 25% of the penalty since they complied with the conditions laid down under Section 78 of the Finance Act, 1994. On the demand of ₹ 1,33,477/-, he submits that the said amount has been confirmed by the learned Commissioner (Appeals) taking into consideration the value of loans and other entries in general vouchers as the taxable value received in providing the taxable services during the relevant period. He has submitted that the value of loan and the value of other non-taxable services were wrongly computed in arriving at the gross taxable value. Therefore, the service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heir books of account etc., I find that both the authorities below have not addressed on the defence advanced by the appellant. Therefore, to ascertain the correctness of the claim of the appellant, the matter needs to be remanded to the adjudicating authority. The adjudicating authority would consider the plea of the appellant and the evidences that would be produced by them during the course of adjudicating proceedings and decide the issue accordingly. 6. In the result, the impugned order is modified to the extent of allowing the benefit of discharging 25% of the penalty imposed under Section 78 of the Finance Act, 1994, subject to fulfilment of the conditions and the correctness of the liability of service tax of ₹ 1,33,477/- be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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