Excess paymnet of service tax
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
09 March 2013
company paid service tax on the basis of bill for march 2011 and flied the ST return.
Now the bill is cancelled by the party and refused to make payment as bill is canceled?
How to adjusted the amount of ST paid , can it be adjusted now by which provision or rules?
Please reply with supporting rules , provisions of the Act.
Thanks.
Now the bill is cancelled by the party and refused to make payment as bill is canceled?
How to adjusted the amount of ST paid , can it be adjusted now by which provision or rules?
Please reply with supporting rules , provisions of the Act.
Thanks.
09 March 2013
Dear Sir,
Your case is dealt by Rule 6(3) of Service Tax Rules, 1994. As per the said rule the assessee may take the credit of such excess service tax paid by him, if the assessee:-
(a) refunded the payment or part thereof, so received for the service provided to the person from whom it was received; or
(b) has issued a credit note for the value of the service not so provided to the person to whom such an invoice has been issued.
Thanks & Regds
CA JAYANT BOTHRA
M: 9873-626-020
Your case is dealt by Rule 6(3) of Service Tax Rules, 1994. As per the said rule the assessee may take the credit of such excess service tax paid by him, if the assessee:-
(a) refunded the payment or part thereof, so received for the service provided to the person from whom it was received; or
(b) has issued a credit note for the value of the service not so provided to the person to whom such an invoice has been issued.
Thanks & Regds
CA JAYANT BOTHRA
M: 9873-626-020
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