Refund

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aniket (Querist)
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25 July 2012 DEAR SIR,

WHEN THE CONSIGNEE PAYS CONTAINER DETENTION
CHARGES WITH SERVICE TAX AT TIME OF REFUND SAME DETETION CHARGES SHOULD BE REFUNDED
WITH SERVICE TAX OR WITH OUT SERVICE TAX

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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25 July 2012 why the refund?. what is nature of charges?

Aashok Kumar Sharma online

Aashok Kumar Sharma

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20 July 2025 Regarding your query on refund of container detention charges paid along with service tax:

Container detention charges are usually considered a service and service tax is paid on the same at the time of payment.
If the consignee pays detention charges including service tax, and later these charges are refunded (say due to dispute, error, or reversal), then:
On refund of detention charges:
The refund amount should include service tax component as well, because service tax was originally collected on that amount.
You cannot refund the charges without service tax, because service tax was part of the original payment and liability.
Essentially, refund of principal + service tax portion should be made to keep accounts consistent and avoid revenue leakage.
To summarize:
If detention charges were paid with service tax, then the refund should be made inclusive of service tax.

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