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Adjustment of service tax paid & received

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sanjeev (Querist)
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03 September 2012 the assessee is having income of rent from 3 premises. He pays service tax on 2 premises and receive service tax from 3rd premises.

The client takes premises on rent and the owner is charging service tax . he also receive rent from 3rd premises inclusive of service tax. The assessee wann to adjust & wann to pay the balance service tax if any

Query :- Can an assessee adjust service tax paid against service tax received as cenvet in filing its service tax return.

CA Suresh Jain

CA Suresh Jain (Expert)
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03 September 2012 The service i.e. renting the premises is provided by assessee and therefore, assessee is liable to pay service tax. In view of this your statement that assessee is receiving service tax is not understandable.
does it mean that rent for two premises is inclusive of service tax where as service tax for the third is excluding service tax ?
In this case there is no question of set off. the assessee can take credit of service tax paid by him on services received by him such as telephone bills etc.

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