Pot rule


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Querist : Anonymous

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Querist : Anonymous (Querist)
05 December 2013 Dear Sir,

I have received cash in advance, and i have taken that relevant and paid tax.


But i have not provided that agreed services.

can i get that service tax as refund or adjust with another payment ?????

CA DHEERAJ (Expert)
06 December 2013 Rule 6(3) of the Service tax Rules, 1994, provides that where an assessee has issued an invoice, or received any payment, against a service to be provided which is not so provided by him either wholly or partially for any reason, the assessee may
take credit of such excess service tax paid by him, if the assessee,-
(a) has 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 had been issued.


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