𝗖𝗲𝘀𝘁𝗮𝘁 𝗖𝗵𝗲𝗻𝗻𝗮𝗶 𝗥𝘂𝗹𝗶𝗻𝗴 𝗼𝗻 𝗧𝗗𝗦/𝗙𝗼𝗿𝗺 𝟮𝟲𝗔𝗦 𝗳𝗼𝗿 𝗦𝗲𝗿𝘃𝗶𝗰𝗲 𝗧𝗮𝘅 𝗗𝗲𝗺𝗮𝗻𝗱𝘀 📢 𝗧𝗵𝗲 𝗧𝗿𝗶𝗯𝘂𝗻𝗮𝗹 𝗵𝗲𝗹𝗱: "Form 26AS of the Income Tax Act cannot be considered as the value of taxable services for the purpose of demand of service tax. Appeal allowed."

🔍 𝗙𝗮𝗰𝘁𝘀: 𝗔𝗽𝗽𝗲𝗹𝗹𝗮𝗻𝘁: M/s. Jain Housing & Construction Limited 𝗜𝘀𝘀𝘂𝗲: Service tax demands based on Form 26AS/TDS statements are invalid; appeal allowed for residential project-related show-cause notices.

⚖️ 𝗝𝘂𝗱𝗴𝗲𝗺𝗲𝗻𝘁: The Tribunal held that TDS/Form 26AS statements cannot solely determine taxable service value, citing Ahmedabad CESTAT's precedent in M/s. Reynolds Petro Chem Ltd. It ruled such demands unsustainable, setting aside the impugned order and affirming that Form 26AS cannot establish service tax liability.

📜 𝗖𝗮𝘀𝗲 𝗜𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻: 𝗧𝗶𝘁𝗹𝗲: M/s. Jain Housing & Construction Limited vs. The Commissioner of Service Tax 𝗢𝗿𝗱𝗲𝗿 𝗗𝗮𝘁𝗲: 24 February 2023 📜 This ruling clarifies that service tax demands cannot be based on TDS or Form 26AS under the Income Tax Act.