Reverse charge mechanism

This query is : Resolved

Aniket Shavdia (Querist)
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13 November 2014 The assessee is a Partnership Firm.

The assessee received a Works Contract Service valued say Rs. 1000/- from a Partnership Firm.

Now as per the Rule no Reverse Charge Mechanism (RCM) is applicable in case of Firm to Firm.

However in two of the bills the assessee erroneously paid to the Govt 2.47@ (12.36*40%*50%). This practice was later on stopped once noticed.

Now my query is how do I get refund of he aforesaid erroneous RCM payment to the Govt?

Please reply with supporting provisions or case laws.

Thanking you in anticipation.

Amol S Joglekar

Amol S Joglekar (Expert)
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13 November 2014 If the amount is paid, you need to file the return and contact the concerned Superintendent

Aniket Shavdia

Aniket Shavdia (Querist)
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13 November 2014 Thank you Sir for your prompt response.

But how do I show the refund in ST-3?

The erroneous payment belongs to H1 FY 2014-15 Return wherein return was filed within due date showing the said erroneous payment.

Now how do I rectify the same?

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Amol S Joglekar

Amol S Joglekar (Expert)
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17 November 2014 That is what I told: Contact the concerned Superintendent