9911796707
TMI Blog2025 (3) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... d for which the BRC's were produced. However in respect of the demands where the BRC's were not produced he proceeded to uphold the demand made along with the interest and penalties. The appellant have stated and produced a copy of certificate from Chartered Accountant to the effect that the amount which i.e. Rs.2,49,41,667/- was also received in foreign exchange - By the above certificate, it has been certified that appellant have received the amount also in convertible foreign exchange through banking channels. As this certificate was not produced before the Commissioner (Appeal) at the time of adjudication, it is deemed fit to remand the matter back to Commissioner (Appeals) for re-consideration of differential demand confirmed. Concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ces. On the basis of third party information received by the revenue authorities to effect that appellant had received substantial amounts towards the provision of taxable services, but has not discharged due service tax, enquiries investigations were initiated against the appellant. 2.2 A show cause notice dated 20.10.2021 was issued to the appellant asking them to show cause as to why: (i) An amount of Rs. 7,40,96,385/- (Rupees Seven Crore forty Lakh Ninety Six Thousand Three Hundred Eighty Five Only) should not be treated as the value of taxable services provided by then during the Financial Years 2016-17, and accordingly Service Tax amounting to Rs 1,11,14,458/- (Rupees One Crore Eleven Lakh Fourteen Thousand Four-Hundred-and Fifty E ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng Education Cess, Secondary & Higher Education Cess and Swachh. Bharat Cess for the period F.Y. 2016-17 under the praviso. to Sub Sectlan (1) of Section 73-of the: Finance Act, 1994, and order for its recovery under the provisions of Section 73(2) of the FInance Act, 1994, read with Section 174 of the CGST Act, 2017 (ii) I confirm the demand of interest at the appropriate. rates on the aforesaid demand of Service Tax from the party and order for its recovery under the provisions of the Section 75 of-the Finance Act, 1994, read with Section 174 of the-CGSt Act, 2017: (iii) I impose a penalty Rs. 1,11,14,458/- (Rupees One-Crore Eleven Lakh Fourteen Thousand Four Hundred and Fifty Eight Only) upon the party, under Section 78 of the financ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f argument. 4.2 After hearing the learned Authorized Representative, I find that the matter is in very narrow compass. Undisputedly the services provided by the appellant qualify to be treated as export of services. The from the impugned order it is evident that Commissioner (Appeal) has himself dropped the demands in respect of all the services provided for which the BRC's were produced. However in respect of the demands where the BRC's were not produced he proceeded to uphold the demand made along with the interest and penalties. 4.3 I find that appellant have stated and produced a copy of certificate from Chartered Accountant to the effect that the amount which i.e. Rs.2,49,41,667/- was also received in foreign exchange. The said certi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
