Quarry regarding payment of service tax

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deepak (Querist)

12 December 2008 Dear Friends

I have quarry regarding payment of service tax. One of my client has paid service tax on the basis of gross amount of bill charged and not on the basis of receipt of amount of bill. He has done so for a period of 18 months and till today he has not filed his service tax return. Now we want to file his service tax return for 3 last half years. Now the problem is there is an excess payment of service tax in some quarter and less payment of service tax in another quarter.

So, my question is whether such excess amount of service tax can be adjusted against the liability of subsequent quarter's service tax liability and interest liability there on?

If yes, then whether first against interest or service tax ?

If not, then whether the excess amount should be claimed as refund?

I hope you will spare your valuable time to guide me.

Thanking you.

CA. Deepak Patel

CA Ashutosh Kumar Mishra

CA Ashutosh Kumar Mishra (Expert)

12 December 2008 the excess payment of service tax may be adjustable
1. 1st of all adjust tax than interest but maximum upto 50000/- in next months or in quater. like excess payment in april month is 59845 but for adjust in may upto only 50000.

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