Extended period od limitation - No positive act of the appellant ...

Service tax demand for 2012-2014 against public entity invalid; no fraud found, notice time-barred under extended limitation.

August 16, 2022

Case Laws     Service Tax     AT

Extended period od limitation - No positive act of the appellant is brought to the notice by the department which may be sufficient to hold that the act amounts to committing fraud or collusion etc. Above all, as already held that appellant is a public entity acting under the mandate of statute for the infrastructural development in these areas of Haridwar and Roorkee, question of suppression of facts by such public entity otherwise does not arise. - the show cause notice raising demand for the year 2012 to 2014 cannot be issued in the year 2018. Such show cause notice is definitely barred by time. - AT

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