Excess service tax charges in bill is submited

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

20 June 2013 Dear Sir,

my company is get work order (for A & B work) & against that we charges ST in bill on A & B work but as per work order we have to charges ST on A only but we charges on both and paid by challan to ST deparment in the month of Feb-13 on 06-03-2013. Please suggest what we will do for refund of ST or any suggetion from your side.
Regards
Yogesh Akulwar

CA Abhishek Malpani

CA Abhishek Malpani (Expert)
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22 June 2013 In case of service tax is wrongly charged to the customer & received the service tax amount from the customer then assessee need to pay the service tax to the department.

Once wrongly charged service tax amount collected & deposited in the bank to the credit of government, assessee can not get the refund for the same.

But in case, assessee has not received the wrongly charged service tax from the customer but service tax deposited in the bank then assessee can claim the refund under Sec 11AB of central excise act.

Querist : Anonymous

Querist : Anonymous (Querist)

22 June 2013 Dear Sir,

What Forms i have to fill for gating refund & is there any time limit for refund.
Under which head & what documents it require.
(I submitted Under 00440262 & 298)

Regards
Yogesh Akulwar

CA Abhishek Malpani

CA Abhishek Malpani (Expert)
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24 June 2013 Refer Sec 11 of central excise act. Time limit is 1 year from the date of excess payment.

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