Excess payment of service tax

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Jalpa Shah (Querist)
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13 April 2011 Sir,

One of my client co. had paid excess service tax in 3rd quarter and they come to know this mistake after paying service tax for 4th quarter. Now is it possible to file return of service tax for second half showing excess payment of service tax and asking for carried forward of credit for service tax to adjust in 1st quarter of next financial year? If yes, then is there any form or letter to be submitted with the return?

this is urgent please...

Ram Avtar Singh

Ram Avtar Singh (Expert)
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13 April 2011 [Rule 6(1A)]of service tax

Without prejudice to the provisions contained in sub-rule (1), every person liable to pay service tax, may, on his own volition, pay an amount as service tax in advance, to the credit of the Central Government and adjust the amount so paid against the service tax which he is liable to pay for the subsequent period:

Provided that the assessee shall,-

(i) intimate the details of the amount of service tax paid in advance, to the jurisdictional Superintendent of Central Excise within a period of fifteen days from the date of such payment; and
(ii) indicate the details of the advance payment made, and its adjustment, if any in the subsequent return to be filed under section 70 of the Act;]18

Explanation: For the removal of doubt, it is hereby clarified that in case the value of the taxable service is received before providing the said service, service tax shall be paid on the value of service attributable to the relevant month, or quarter, as the case may be.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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13 April 2011 the excess payment of service tax can be adjusted against the future liability without any monetary or period limit? For example, whether the excess payment of say Rs. 10 lakhs during the month of March, can be adjusted straightaway against the payment due for April, or in a few installments spread over a few months, say @ Rs. 2 lakhs for 5 months starting April, as the adjustment depends upon arising of the future liability.