Payment of service tax
This query is : Resolved
varun jain
(Querist)
03 December 2009
hello friends plz give me advice in the following situation:
As per Notification 18/2009 dated 7th July 2009, Exporter can claim exemption from service tax on
“Service to be provided to exporter for transport of the goods (to be exported) by road from place of removal to ICD, port or airport”
Provided that
- exporter informs AC/DC of Central Excise in prescribed form(EXP1) before availing the said exemption.
However one of my client has claimed deduction without intimating Excise deptt. of exemption.
My client argue that since they are eligible for refund of service tax on freight , they need not have to deposit.
so my question is:
i) whether service tax of previous months have to be deposited my client at the time of intimation to Deptt of availment of service tax.
As per Notification 18/2009 dated 7th July 2009, Exporter can claim exemption from service tax on
“Service to be provided to exporter for transport of the goods (to be exported) by road from place of removal to ICD, port or airport”
Provided that
- exporter informs AC/DC of Central Excise in prescribed form(EXP1) before availing the said exemption.
However one of my client has claimed deduction without intimating Excise deptt. of exemption.
My client argue that since they are eligible for refund of service tax on freight , they need not have to deposit.
so my question is:
i) whether service tax of previous months have to be deposited my client at the time of intimation to Deptt of availment of service tax.
Arbind Aggarwal
(Expert)
05 December 2009
Self adjustments are not allowed.
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