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Geetaram
Geetaram
DIN
फा.स:ं CGST /ME /DnIX/RII/ ITR-STR-15-16/Geetaram/154/2020-21
आदेश का िदनांकः .05.2024.
जारी करने का िदनांकः .05.2024.
ारापा रत:– सरु ाई हसं दाह, उप आयु ,
मंडल-VII, के .से.और उ.श.ु , मंबु ई-म य
Issued by: Surai Hansdah, Deputy Commissioner,
Division-VII, CGST & C. Ex., Mumbai Central Commissionerate
2. The investigation of Service Tax evasion was started against the taxpayer n the basis of third
party data received by the department about the declared turnover of services as per Income Tax
Return (ITR)/ Tax Deducted at Source(TDS) i.e. 26ASfor the F.Y. 2015-16. However, the said
taxpayer has failed to obtain Service Tax Registration in the form ST-2 as stipulated under Section
69 of Finance Act, 1994 read with Rule 4 of Service Tax Rules, 1994. Thus, it appeared that they
have suppressed the correct value of services provided by them from the department with the
intention to evade payment of Service Tax.
1 2
1 10,23,228/-
2015-16
3. The taxpayer has neither obtained Service Tax registration nor discharged/declared their service
tax liability despite the fact that the activity carried out by the taxpayer falls under the category of
Service' as defined under Section 65B (44) of Chapter V of the Finance Act, 1994 as amended.
After 01.07.2012, with introduction of Negative list-based assessment, Service' has been defined
in Section 65B (44) of the FA, 1994 according to which "service" means "any activity carried out
by a person for another for consideration, and includes a declared service". In the instant case, the
taxpayer has shown income from sale of services in their ITR/TDS as Rs.10,23,228/-but neither
obtained Service Tax registration nor declared/discharged their service tax liability, which
appeared to have resulted in not obtaining Service Tax Registration and non-declaration of value
of services to the tune of Rs. 10,23,228/- to the Department.
3.1 On being asked vide letter dated 05.02.2020 for the clarification on not obtaining Service Tax
Registration, non-filing of returns and non-payment of service tax on the said value, shown as
income from sale of services in ITR/TDS, the taxpayer has not given a satisfactory reply along
with essential supporting documents. In the absence of a satisfactory reply/clarification, it
appeared that the said value of Services of Rs 10,23,228/- is the consideration received by the
taxpayer towards providing the taxable services and thus can be considered an assessable value for
computation of service tax on taxable services provided during the relevant period.