Adjustment of excess payment of service tax
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
19 October 2013
i have wrongly paid the excess amount of service tax of rs. 15000/- in Q2, Q3 & Q4 of FY 2012-13. how can i make adjustment of excess payment made. please guide
Suresh Ramaswamy
(Expert)
19 October 2013
Service tax paid in excess in any ST-3 period can be adjusted against future liability of the same ST-3 period or subsequent periods. However to be able to adjust the excess paid the ST-3 of the relevant period should reflect the excess payment as advance.
For the financial year 2012-13 ST-3 were to be filed for the periods April to June 2012 (Q1), July to September 2012(Q2) and October 2012 to March 2013(Q3 & Q4 - 2nd half return).
The excess payment of service tax during the second quarter should have been disclosed along with CIN in Part C - Service Tax paid in Advance in the ST-3 for the period July to September 2012.
Similarly the excess payment of service tax during the third and fourth quarters should have been disclosed along with CIN in Part C - Service Tax paid in Advance in the ST-3 for the period October 2012 to March 2013.
The tax so paid in advance can be adjusted in the subsequent period/periods by disclosing the same in Part D - Service tax paid in Cash and through CENVAT credit in the relevant row D3, D4, D5 or D6; i.e. if this advance is adjusted in Q1 or Q2 of 2013-14, the same should be disclosed in the ST-3 Return for the period April to September 2013. The necessary details should also be disclosed in Part H - Details of Challan.
From your query it is not clear whether the necessary disclosures were made in the ST-3 Returns of the earlier year. In case it has been disclosed, please adjust the excess paid in the ST-3 Return as enumerated above. In case no disclosures were made in the earlier ST-3 Returns, the only option is to make an application for refund of excess tax paid.
For the financial year 2012-13 ST-3 were to be filed for the periods April to June 2012 (Q1), July to September 2012(Q2) and October 2012 to March 2013(Q3 & Q4 - 2nd half return).
The excess payment of service tax during the second quarter should have been disclosed along with CIN in Part C - Service Tax paid in Advance in the ST-3 for the period July to September 2012.
Similarly the excess payment of service tax during the third and fourth quarters should have been disclosed along with CIN in Part C - Service Tax paid in Advance in the ST-3 for the period October 2012 to March 2013.
The tax so paid in advance can be adjusted in the subsequent period/periods by disclosing the same in Part D - Service tax paid in Cash and through CENVAT credit in the relevant row D3, D4, D5 or D6; i.e. if this advance is adjusted in Q1 or Q2 of 2013-14, the same should be disclosed in the ST-3 Return for the period April to September 2013. The necessary details should also be disclosed in Part H - Details of Challan.
From your query it is not clear whether the necessary disclosures were made in the ST-3 Returns of the earlier year. In case it has been disclosed, please adjust the excess paid in the ST-3 Return as enumerated above. In case no disclosures were made in the earlier ST-3 Returns, the only option is to make an application for refund of excess tax paid.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Accounting treatment of AMC alongwith the purchase of Laptop
- Nursery business
- Condonation Request sec 119(2) b -Enhancement Limit of Leave Exemption prior to AY 2023
- GST Treatment of Purchases with GST Paid where Outward Supplies of Manufactured CattleFeed Exempt
- Issuing of delivery challan by seller of goods
- Tax on Amount transferred in HUF Account
- Not ordinarily resident having partnership income in India and salary in USA is any form to filed be
- WRONG GSTR7 ENTRIES ACCEPTED ERRONEOUSLY
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- IMPORT PURCHASE ENTRY PASSED IN BOOKS OF ACCOUNT
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
