No wilful mis-statement or suppression of facts in case capital gains tax was paid on profit/compensation received

Bhaskar Steel and Ferro Alloys Pvt. Ltd. Vs Commissioner of CGST & Excise (CESTAT Kolkata) Conclusion: Since the whole case of Revenue was based on the balance sheets of assessee who had declared all the transactions in their records and had even paid capital gains tax on the profit/compensation received, therefore,  it could not be said that assessee had resorted to wilful mis-statement or suppression of facts or had contravened of any of the provisions of service tax law with intent to evade payment of service tax. Held: In the instant case the show cause notice was dated 28.09.2018 whe...