9911796707
TMI Blog2023 (6) TMI 123X X X X Extracts X X X X X X X X Extracts X X X X ..... e was not successful in revising the service tax return. Considering the fact that the difference between service tax return and the revenue was occurred due to the wrong exchange rate applied to export income transaction while filing the service tax return, which being a genuine mistake and the Department has not alleged or proved any mens rea on the part of the assessee who has also tried to revise the service tax return. Thus, mere mistake in the service tax return does not mean that the income of the assessee has been suppressed. Decided in favour of assessee. - I.T.A. No. 1611/DEL/2021 - - - Dated:- 31-5-2023 - Shri Anil Chaturvedi, Accountant Member And Shri Yogesh Kumar U.S., Judicial Member For the Assessee : Shri Tar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the difference with the service tax return could not be the basis of making the addition. 7. On the facts and circumstances of the case and in law the learned C.I.T.(A) ought to have quashed the order of the assessing officer u/s 143(3) which was passed merely on the basis of service tax return. 3. Brief facts of the case are that, the assessee filed return of income declaring income of Rs.3,40,45,410/- an assessment order came to be passed u/s 143(3) of the Act by making an addition of Rs.10,52,645/- by adding back the same u/s 28 of the Act. Aggrieved by the assessment order, the assessee preferred an Appeal before the CIT(A) the Ld.CIT(A) dismissed the Appeal filed by the CIT(A) vide order dated 30/10/2018. As against the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or pointed out the discrepancy in the rate taken, therefore, the reversal entry was passed in the books of account. Since the audit was initiated at the end of July 2014, the service tax return could not be revised as the same was the export income no service tax was due on the account . The said clarification given by the assessee has not been accepted by the A.O. 7. The Ld. Counsel for the assessee submitted that the difference between the figures reported in service tax return and the financial statement as the financial statement is purely due to exchange rate fluctuation. The details of the difference are as under:- Revenue as per service tax return Rs.10,74,92,491/- Re ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
