excess payment

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CA JAIMIN TRIVEDI (Querist)

09 October 2009 One of my client has paid excess service tax in first qaurter ended 30/6/09. Again he paid excess service tax for quarter ended 30/9/09. Both were paid due to wrong calculation. Total is aorund Rs.113000

What is the procedure for claiming excess amount paid. Can We adjust in the next qaurter, if so is there any time limit upto which is can be adjusted or we have to claim a refund.

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)

09 October 2009 4A) and (4B) of Service Tax Rules, 1994 stated that if any excess payment of service tax, assessee may adjust such excess amount paid against service tax liability for the succeeding month or quarter, as the case may be subject to intimation of such details and reasons of such adjustments to the Superintendent of Central Excise.

As per Rule 4A) and (4B) of Service Tax Rules, 1994 you can adjust the excess amount paid in the succeeding month/quarter. Further, the details and reasons for such adjustment shall be intimated to the Superintended of Central Excise (service tax) within a period of 15 days form the day of such adjustment.

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)

09 October 2009 Under Rule 6 (4A) and (4B) of ST Rules, 1994. Further, the limit is one lakh per maonth or quarter as the case may be adjusted. However, if you have registered under centrliased accounting or billing system then the limit would not applicalbe.

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