Shri Ravindra Kumar Hasankar vs Belagavi Commissionerate on 3 April, 2025
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Further, we find that on the basis of form 26AS return filed under
Income Tax Act without examining any other records of the appellant.
Charges of short payment of service tax to the tune of Rs. 8.00 crores
were made against the appellant. It was possible for Revenue to know
the transactions between other parties & appellant from form 26AS.
Revenue could have investigated into the nature of such transactions &
should have established that the said transactions were in respect of
provision of said service. Then alone the charges of short payment of
Service Tax would have sustained. We find that Final Order of this
Tribunal in the case of Sharma Fabricators Pvt. Ltd. (supra) is squarely
applicable in the present case. We, therefore, hold that Revenue did not
discharge its burden to prove short payment of service tax. We also hold
that the said show cause notice dated 05.10.2016 is not sustainable."