Excess service tax charged
This query is : Resolved
17 July 2013
My client has wrongly charged Service tax @ 16% on the invoice, which has been paid by the party.
1. client is required to the whole amount to be govt.
2. Govt can only retain service tax @12.36%, while excess amount need to be transferred to inverter's welfare fund.
Is my judgement correct???
Please quote the sections for both the observations...
1. client is required to the whole amount to be govt.
2. Govt can only retain service tax @12.36%, while excess amount need to be transferred to inverter's welfare fund.
Is my judgement correct???
Please quote the sections for both the observations...
17 July 2013
It need to refund back to the party which you collected against the service.
18 July 2013
Please Quote the section no.
18 July 2013
My view .No section quote required here. as per the act, tax rate is defined, if you are charging excess, need to pay to government what ever amount collected or return back the money to service receiver. so 1st option return back to service receiver only. act is not giving any section for transfer to investor protection fund for excess collection of service tax
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