9911796707
TMI Blog2022 (6) TMI 307X X X X Extracts X X X X X X X X Extracts X X X X ..... tted a Chartered Accountant s Certificate to justify the said computation. It is a settled position that the authorities cannot reject the C A certificate without stating the reasons as to why the CA certificate submitted by the Appellant is not acceptable to such authorities. Therefore, the stand taken by the Ld. Commissioner to confirm the impugned demand of service tax is legally not tenable. There are no reason to sustain the service tax demand of Rs.5,17,406/- and interest thereon and equivalent penalty of Rs.5,17,406/- imposed on the Appellant - appeal allowed - decided in favor of appellant. - Service Tax Appeal No.76787 of 2016 - FINAL ORDER NO.75299/2022 - Dated:- 7-6-2022 - MR. P.K.CHOUDHARY, MEMBER (JUDICIAL) Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was liable to be paid on receipt basis till 31.03.2011. The appellant had deposited service tax of Rs.5,17,406/- on the brokerage amount of Rs.50,23,360/- pertaining to the invoices raised in 2009-10. Since the said brokerage income was not received, the appellant made an adjustment in Financial Year 2010-11, in respect of which the instant demand has been raised. The appellant has received the said brokerage income subsequently in Financial Year 2012-13 and accordingly included the same while arriving at the sustainable value for payment of service tax in 2012-13. He also referred to the Chartered Accountant s certificate and the reconciliation submitted by them in the reply to Show Cause Notice which has been ignored by the adjudicating ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of the same their defence can t be considered as foolproof and I thus, find that the demand of Rs. 5,17,406/- survives. 7.2 I further find that the Ld. Commissioner has confirmed the demand on the ground that the Appellant has neither submitted the ledger of Stock broking services for Financial Year 2012-13 nor the documents of receiving the impugned amount (i.e., the brokerage income) in 2012-13. However, I find that he has not disputed the content of the Chartered Accountant s certificate submitted by the Appellant. It is a settled position that the authorities cannot reject the C A certificate without stating the reasons as to why the CA certificate submitted by the Appellant is not acceptable to such authorities. Therefore, the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
