07 November 2014
A relative of mine is an electrical contractor and eligible for reverse charge mechanism.
issue: the service tax he charged till today and paid is totally under different type of service than the service receiver paying it.
Query: What might be the possible issues that arise because of this .?!
Is it possible to rectify all the payments made till today now.?! if yes, how..?!
please explain am really curious.
Thanks in anticipation.
08 June 2016
@Amol Sir. Please elaborate why there's no issue as the payment that's made is under a different head of service though the liability is paid correct will it not amount to liability under the actual liability remaining unpaid..?!
20 July 2025
Great question — you're diving into an important technical aspect of Service Tax under the Reverse Charge Mechanism (RCM). Let’s unpack it step by step, based on the scenario you've described:
📌 Background Summary Your relative is an electrical contractor, and some of his services fall under Reverse Charge Mechanism (RCM) — where the service receiver is liable to pay service tax. He has been charging and paying service tax himself, but under the wrong service category. You're asking: Will this lead to compliance issues? Can past payments be rectified? If the tax is paid, but under the wrong head, does that satisfy the liability? 🔍 Core Legal/Practical Issues Misclassification of Service Head: Service tax (under the pre-GST regime) was mostly governed by a negative list regime (post-July 2012). So, specific service category (like "works contract", "electrical contractor", etc.) mattered only for certain abatements or partial reverse charge rules, not for taxability per se. Hence, if tax is correctly calculated and paid, wrong classification alone doesn't invalidate the payment, unless: The classification affects abatement rates. It affects reverse vs forward charge applicability. It affects CENVAT credit eligibility. Reverse Charge vs Forward Charge: If he shouldn't have charged service tax at all (because liability is on the receiver), then: He was not liable to pay tax — the recipient was. His payment to the government may not offset the receiver's liability. The service recipient may still be seen as non-compliant, unless they also paid their share under RCM. Tax Paid Under Wrong Accounting Code: The CBEC (now CBIC) had clarified that payment under wrong accounting code does not invalidate the tax payment, provided the correct tax amount is paid. This was clarified in multiple circulars. ⚠️ Potential Issues If RCM was applicable, and the contractor paid the tax under forward charge, then: Technically, the receiver remains liable under RCM unless they paid. The contractor may not claim refund, unless procedures for incorrect payment are followed. If wrong service category affected abatement/CENVAT, that could lead to disputes or denial of credit. Mismatch in ST-3 returns between service provider and receiver could attract notices. ✅ Can This Be Rectified Now? Although Service Tax has been subsumed into GST since July 2017, retrospective audits still happen. So, if the issue predates 2017:
✍️ Possible Rectification Steps:
File Revised ST-3 Returns (if within time limits; this window is now closed for most). If tax was wrongly paid by contractor (instead of recipient): He may apply for refund of excess tax paid (very difficult and rare in practice). Receiver should ensure RCM tax was paid and CENVAT credit was correctly taken, if eligible. Documentation and Clarification: Keep clear trail of invoices, payments, ST returns, and service classification. In case of audit, show that tax was indeed paid — even if classification was off. 🧾 Conclusion ✅ If the correct amount of service tax was paid, even under the wrong service code, there’s usually no major issue, especially post-2012 regime. ⚠️ But if RCM liability was ignored, then the recipient may still owe tax, and this can cause compliance issues. ❌ Misclassification matters if it affects abatement, CENVAT, or taxability rules.
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