Excess service tax charged

This query is : Resolved

Priyam Gupta (Querist)
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17 July 2013 My client has wrongly charged Service tax @ 16% on the invoice, which has been paid by the party.

1. client is required to the whole amount to be govt.

2. Govt can only retain service tax @12.36%, while excess amount need to be transferred to inverter's welfare fund.

Is my judgement correct???
Please quote the sections for both the observations...

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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17 July 2013 It need to refund back to the party which you collected against the service.

Priyam Gupta

Priyam Gupta (Querist)
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18 July 2013 Please Quote the section no.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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18 July 2013 My view .No section quote required here. as per the act, tax rate is defined, if you are charging excess, need to pay to government what ever amount collected or return back the money to service receiver. so 1st option return back to service receiver only. act is not giving any section for transfer to investor protection fund for excess collection of service tax