Service tax paid under wrong head

Service Tax (Legacy) 2993 views 4 replies

Debashis

MBA (Finance ) Asst. Manager Accounts

65 Points Posted on 27 April 2012

Dear Friends ,

our company is registered under Service tax under category SUPPLY OF TANGIBLE GOODS FOR USE SERVICES

HOWEVER , while making tax payment , we made a mistake . we paid tax under category BAS keeping other record unchanged .

can we get refund of the amount so deposited ?

we dont have registration under category BAS. and we dont provide any such service .

kindly advice .

I refund is possible please suggest what is the procedure .

( WE SUBMIT RETURN ONLINE )

REGARDS

DEBASHIS BANERJEE

Replies (4)

CA Ganesh Karthik

Chartered Accountant

368 Points Posted on 28 April 2012

Dear Debashis, why would there be any necessity to claim refund?

The liability that you have to discharge anyways, you have discharged it under a wrong head.

So, where is the question of refund?

Debashis

MBA (Finance ) Asst. Manager Accounts

65 Points Posted on 28 April 2012

Dear Mr. Karthik ,

Actually I like to deposit ST under proper head.

Unfortunately it is not there .

Is there any way to adjust the same .

so that payment is converted into proper head .

kindly advice.

Thanks and Regards

DEBASHIS BANERJEE

DIBYENDU

SERVICE

266 Points Posted on 28 April 2012

contact with Service Tax Officer in your Jurisdiction or if you pay Tax by physical GAR-7 then contact with Bank

Dilip Darji

392 Points Posted on 28 April 2012

Dear sir.

Please refer below circular issued by CBEC. This is valid as on date also..

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Service tax payment using wrong accounting code amounts to payment of tax

Circular No. 58/7/2003-S.T., dated 20-5-2003

F.No. 159/2/2003-CX-4

Government of India

Ministry of Finance (Department of Revenue)

Central Board of Excise & Customs, New Delhi

Subject : Using a wrong Accounting Code for payment of Service Tax clarification - Regarding.

I am directed to say that a representation had been received by the Board raising apprehensions regarding using a wrong Accounting Code for payment of Service Tax. Whether, this amounts to having paid the Service Tax or not.

2. The Board has examined the issue. In this connection, I am directed to clarify that the assessee need not be asked to pay the service tax again. In such cases the matter should be sorted with the P.A.O. As regards to the cases where the assesssee was asked to pay service tax again, the amount thus paid may be refunded by the concerned divisional Asstt. Commissioner/Deputy Commissioner.

3. The field formations may suitably be informed.

4. Trade Notice may be issued for the information of the trade.

5. The receipt of this Circular may kindly be acknowledged.

6. Hindi Version will follow.

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DILIP DARJI.