As per Section Section 73 of Finance Act 1994 where any
service tax-
has not been levied; or
has not been paid; or
has been short levied; or
has been short paid; or
has been erroneously refunded
the Central Excise
Officer may, within one year from the relevant date, serve notice on the person
chargeable with the service tax which has not been levied or paid or which has
been short levied or short paid or the person to whom such tax refund has
erroneously been made, requiring him to show cause why he should not pay the
amount specified in the notice.
As per Section 73 (6) of Finance Act 1994 the terms
?relevant date? is defined as-
(i) in the case taxable service in respect of which
service tax has not been levied or paid or has been short levied or short paid-
where under the rules made the provisions of service
tax, a periodical return showing particulars of service tax paid during the
period to which the said return relates, is to be filed by an assessee, the date
on which such return is so filed;
where no periodical return as aforesaid is filed, the
last date on which such return is to be filed under the said rules;
in any other case, the date on which the service tax is
to be paid under the provisions of service tax or the rules made there under;
in a case where the service
(ii) in a case where the service tax is provisionally
assessed the date of adjustment of the service tax after the final adjustment;
(iii) in a case where any return relating to service
tax, has erroneously been refunded, the date of such refund.
The said limitation of one year will be extended to five
years to the department where any service tax has not been paid or has been
short paid or short levied or erroneously refunded by reason of ?
fraud; or
collusion; or
willful misstatement; or
suppression of facts; or
contravention of any of the provisions or the rules with
intent to evade payment of service.
Where the service of the notice is stayed by an order of
a Court, the period of such stay shall be excluded in
computing the aforesaid period of one year or five years as
the case may be.
Errors and omissions are common. The service provider is
to be more vigilant in service tax matters. Regarding the
limitation of demand of service tax nearly fifteen case laws
are discussed in this article of various types.