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Servicess Tax Credit

10 May 2007

Dear friends, i have query that, if a company has paid excess service tax in may 05, then whether company can get benefit of excess service tax paid in July, Aug, Sept, 05 or in 2nd Half period ended i.e. 1.10.2005 to 31.03.2006 ? & How can adjudt the said amount in form no. ST-3 ?

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4 Replies

Balaji (B.Com) (48 Points)
Replied 10 May 2007

Yes you can adjust excess payment, There are case laws in which it is allowed.

I shall mail the details what is your maild id.

Balaji
balaji_857 @ rediffmail.com

sanju (13 Points)
Replied 10 May 2007

dear balaji kindly let us know those relevant case laws

Ashok Kumar (16 Points)
Replied 10 May 2007

[quote=bparesh]Dear friends, i have query that, if a company has paid excess service tax in may 05, then whether company can get benefit of excess service tax paid in July, Aug, Sept, 05 or in 2nd Half period ended i.e. 1.10.2005 to 31.03.2006 ? & How can adjudt the said amount in form no. ST-3 ?[/quote]

the excess service tax paid is adjusted only if the following condition is statisfied

i) assessee has paid the service tax in respect of the value of taxable service

2) taxable service not rendered either wholly or partially for any reason

3) the assessee has refunded the value of taxable service and tax thereon to the person from whom it was received. in view of that the if foll con statified then you can adjusted the said amount and shown in st-3

Vk Duggal (320 Points)
Replied 10 May 2007

In this regard, please refer to following judgements.
CCE 2002 (149) ELT 330 - Tribunal - Deposit of service tax before rendering service can be refunded if claim is not time barred.

Section 11B and 11BB of the Central Excise Act may be applicable