CESTAT allowed the appeal, setting aside service tax demands ...

Service Tax Demand Invalidated: Form 26AS Alone Insufficient to Prove Taxable Service Provision Without Substantive Evidence

April 5, 2025

Case Laws     Service Tax     AT

CESTAT allowed the appeal, setting aside service tax demands predicated solely on Form 26AS without substantive evidence of service provision. The tribunal consistently held that mere third-party financial data cannot constitute sufficient grounds for tax recovery. The department failed to demonstrate actual service rendering, nature of services, or recipient details. Accordingly, the tax demand was invalidated, emphasizing the procedural requirement of establishing concrete service delivery before imposing tax liability. The ruling reinforces judicial precedent requiring comprehensive evidentiary substantiation for tax assessments beyond documentary financial records.

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