Jurisprudentiol – Monday's cases

By Vijay Kumar

Legal Corner Icon — the image was hosted by the publisher and was not captured.Service Tax

Service Tax paid and later exemption claimed under SSI notification 6/2005 (ST) – no cause of refund in view of clause 2(i) of the notification: CESTAT

THE appellant is providing the service of Chartered Accountant and is registered since the year 2004. During the year 2006-2007 appellant paid service tax amounting to Rs.37,960/-. Later on, they claimed refund on 21.01.2008 of this amount of service tax paid on the ground that the value of taxable service received by them during the year 2006-2007 in question was below Rs.4,00,000/- as per the exemption limit under notification no. 6/2005(ST) dated 1.3.2005 which was available to them.

Income Tax

Block assessment - Law does not mandate that there should be evidence regarding concealment of income for every year during block period - ITAT order set aside: High Court

THE issue before the High Court is - Whether in view of the material found in search and also availability of huge cash not reconcilable from cash book, the AO was correct in assessing the income of the entire block period and the order of the ITAT which restricted the purview of block period in as much as it excluded those years for which no evidence was found is not tenable. And the HC's answer is YES.

See our columns Monday for the judgements