Extended period of limitation - The assessee has not disclosed ...

Assessee's failure to disclose taxable services leads to tax payment after notice; extended limitation applies despite penalty exemption.

August 10, 2022

Case Laws     Service Tax     HC

Extended period of limitation - The assessee has not disclosed the value of taxable service for the period 10.9.2004 to 31.7.2007 in their ST 3 Returns filed to the department. Only when the department issued a show cause notice, the responded bank remitted the amount of tax. Hence, merely because they were exonerated under Section 80 of the Act from payment of penalty for reasonable cause for non payment the same yardstick cannot be taken by the bank to contend that the extended period of limitation as prescribed under proviso to section 73 of the Act is available. - HC

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