Advance service tax

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manoj (Querist)
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21 October 2013 Suppose our service tax is Rs. 100 but we deposited service tax of rs. 120, then can we get refund the service tax amount of rs. 20

CA Pallav Singhania

CA Pallav Singhania (Expert)
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21 October 2013 Yes you can claim refund of the excess paid or can adjust the excess amount in the future Service tax liability,
However its better to adjust the excess paid to the future Service tax liability...

manoj

manoj (Querist)
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21 October 2013 Dear what is the process of this.

CA Pallav Singhania

CA Pallav Singhania (Expert)
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21 October 2013 (i) Excess Service Tax paid is on account of reasons not involving interpretation of law, taxability, classification, valuation or applicability of any exemption notification

(ii) Excess Service Tax amount paid by an assessee having Centralised Registration on account of delayed receipt of details of payments towards Taxable services may be adjusted without monetary limit.

(iii) For assessee other than Centrally registered, specified in (ii) above, the excess amount of Service Tax paid may be adjusted with a monetary limit of Rs. 2,00,000/- (Two lakh) for a relevant month or quarter.

(iv) The details and reasons for such adjustment shall be intimated to the jurisdictional Superintendent of Central Excise within a period of 15(fifteen) days from the date of such adjustment.

For all purposes intimation is a must which should not be ignored, inspite of having ample facts and justifications of excess payment.

CA Pallav Singhania

CA Pallav Singhania (Expert)
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21 October 2013 Procedure to claim refund
Application has to be made in the prescribed form (Form – R).

Application has to be filed in triplicate with the jurisdictional Assistant/Deputy Commissioner of Central Excise/Service Tax.

Application should be accompanied by documentary evidence to the effect that the amount claimed as refund is the amount actually paid by him in excess of the Service Tax due and the incidence of such tax claimed as refund has not been passed on to any other person.

Time Limit

The application should be filed within 1 year from the relevant date i.e., from the date of payment of the Service Tax.

Interest for delayed payment of refunds If amount of service tax is not refunded within three months from the date of receipt of refund application, interest at the applicable rate shall be paid by the Government, subject to certain conditions.

No Refund without claim The refund will not be automatic even if order granting refund is passed. Specific application for refund is necessary within time limit prescribed.

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manoj

manoj (Querist)
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21 October 2013 Thank you sir.

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