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Refund of Service Tax

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(Querist)
19 June 2008 Hi,
I have couple of queries on service tax.

1. Whether I can ask for an refund from service which is wrongly paid by me. This is first year. In this case I had paid for whole amount instead of paying on above 8 lakh which is the exemption limit. I had collected amount from debtors. But they had not paid me service tax upto 8 lakh and i had wrongly paid. Which form and circular or case study if any.

2. Whether I can take a set-off of service tax paid on Rent expenses paid to Diretor against service tax that need to be paid which is collected on commission. They are at the same office.

Please let me know ASAP.

Thanks,
Hemal Parikh
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Dayal

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Dayal (Expert)
20 June 2008 Point No 1.Service tax not paid will not form a part of an excuse.

any amount voluntarily paid, becomes difficult to eek refund.

Wherever you have not been paid, it would be ideal to seek the amount from the client.

Point No 2. You can very well set off the service tax payable on commission
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