FININ2MIN · JUDGMENT INTELLIGENCE
Customs, Excise and Service Tax · F2J-C-3055

Principal Commissioner of CGST and Customs v. Numal Saikia

Form 26AS alone could not establish the taxable service, and the consultation objection arose on the notice record; both sides nonetheless consented to a direct merits determination by CESTAT.

By CA Nikhil Gupta · Reviewed against the retained judgment 2026-09-26

Finin2min two-minute summary

Form 26AS alone could not establish the taxable service, and the consultation objection arose on the notice record; both sides nonetheless consented to a direct merits determination by CESTAT. CESTAT order set aside and appeal remanded to CESTAT for hearing and merits decision on the record.

Court
Gauhati High Court
Case
C.Ex.App. No. 7 of 2025
Date
2026-02-20
Bench
Michael Zothankhuma, Shamima Jahan
Result
CESTAT order set aside and appeal remanded to CESTAT for hearing and merits decision on the record.
Neutral citation
2026:GAU-AS:2626
CNR
Not stated in retained copy
Connected matters
None recorded
Relevant period
See facts and judgment
Read complete judgment PDFPublic court copyOfficial court portal

What happened

The Department alleged unpaid service tax based on Form 26AS while the taxpayer relied on actual invoices and absence of pre-notice consultation. CESTAT had disposed of the case without deciding full merits.

Questions before the court

Why the court ruled this way

Form 26AS alone could not establish the taxable service, and the consultation objection arose on the notice record; both sides nonetheless consented to a direct merits determination by CESTAT.

Controlling point

Form 26AS alone could not establish the taxable service, and the consultation objection arose on the notice record; both sides nonetheless consented to a direct merits determination by CESTAT.

Order and next steps

CESTAT order set aside and appeal remanded to CESTAT for hearing and merits decision on the record.

Practical implications

The operative result is case-specific: CESTAT order set aside and appeal remanded to CESTAT for hearing and merits decision on the record. Apply it within the court’s stated limit: No final liability finding was made; the court noted it would otherwise have set aside notice and original order but adopted the parties’ agreed remand.

Limits of this ruling

Law and judgment source

The linked PDF is a complete public court-copy document. The official court portal is provided for independent verification; a stable judgment-specific official link was not independently established. A three-byte UTF-8 transport prefix preceding the PDF signature was removed to make the unchanged PDF content open in standard readers. A three-byte UTF-8 transport prefix before the PDF signature was removed; internal PDF bytes were unchanged.

Source checked: 2026-09-26 · Judgment paragraphs: paragraphs 11–15 · Later case history: not verified. Verify appeals, stays and subsequent orders before reliance.

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