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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Facts:
The appellants availed small scale service provider’s exemption and after number crunching exercise, discharged service tax liability for F. Yrs. 2005-2006 to 2007-2008. The appellants deposited service tax under compulsion against issuance of Show Cause Notice. The appellants put forth various arguments to contend that the appellants were neither liable to pay service tax nor interest and penalties. The respondents alleged that the appellants were ineligible for the small scale service provider’s exemption since the appellants had opted for payment of service Tax.
Held:
Having considered the rival contentions, it was found that as per the statement recorded prior to issuance of Show Cause Notice, the appellants had mentioned that they were not liable to pay service tax. The appellants had paid service tax suo moto only after crossing the threshold exemption limit. Further, the appellants had paid service tax after issue of Show Cause Notice which was not a suo moto payment and the same needs to be treated as paid under protest or compulsion. In view of facts of the case, it was held that the appellants would be entitled to get refund of service tax paid under protest.