Service tax demand and interest were raised on the amount ...

Service tax demand upheld due to evasion attempts; penalties affirmed under Finance Act for late ST-3 filing and misinformation.

October 30, 2024

Case Laws     Service Tax     AT

Service tax demand and interest were raised on the amount towards provident fund. Penalties u/ss 76, 77, and 78 of the Finance Act, 1994 were imposed. The extended period of limitation u/s 73(1) of the Finance Act, 1994 was invoked. The appellant was aware of providing taxable services and short-paid service tax, despite issuing invoices indicating service tax payable and collecting it from the service recipient. They did not file ST-3 returns on time as specified by law, suppressing information with the intent to evade taxes. The demand by invoking the extended period and imposing penalties cannot be disputed. The appellant's submissions were inconsistent, initially not contesting the show cause notice but later challenging the applicable rates without substantiation. The CESTAT rejected the challenge to the First Appellate authority's order, finding no merit.

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