Reverse service tax..
This query is : Resolved
27 August 2016
Dear Sir,
We deposited service tax payable of Rs.45000/ for M/O July-16 for Hindustan Aeronautics Ltd. but he inform me on month of Aug-16 " he also deposited service tax of Rs.45000/ as per service Tax reverse rule".
Can I Claim above mention Amt. as input credit service tax of M/O Aug-16 service payable.
We deposited service tax payable of Rs.45000/ for M/O July-16 for Hindustan Aeronautics Ltd. but he inform me on month of Aug-16 " he also deposited service tax of Rs.45000/ as per service Tax reverse rule".
Can I Claim above mention Amt. as input credit service tax of M/O Aug-16 service payable.
27 August 2016
Adjust the excess payment in the Aug-16 service tax payable.
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27 August 2016
As per Section 83 of Finance Act 1994
If assessee paid service tax which was not payable at all than assessee is required to file a refund claim. he cannot adjust the wrong tax paid against any other payment
Refund application is to be filled in Form R in triplicate to jurisdictional Assistant/Deputy Commissioner.
There is no time limit for such application because actually you paid the service tax amount which you don't require to pay.
Thanks.
If assessee paid service tax which was not payable at all than assessee is required to file a refund claim. he cannot adjust the wrong tax paid against any other payment
Refund application is to be filled in Form R in triplicate to jurisdictional Assistant/Deputy Commissioner.
There is no time limit for such application because actually you paid the service tax amount which you don't require to pay.
Thanks.
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27 August 2016
Refer sub Rule (4A) of Rule 6 of service tax Rules 1994 such adjustment is possible.
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27 August 2016
Dear Sir,
I do not opposed you but as in Rule 4A where an assessee has paid to the credit of central government any amount in excess of the amount required to be paid towards service tax liability for a month or quarter
Here the case is not related to excess amount and second thing in reverse tax assessee who provide the service is not liable to pay the service tax so liability does not arise at all for service provider so as per my view it will by mistake paid amount
I m not sure please clear my doubt also.
Thanks in advance.
I do not opposed you but as in Rule 4A where an assessee has paid to the credit of central government any amount in excess of the amount required to be paid towards service tax liability for a month or quarter
Here the case is not related to excess amount and second thing in reverse tax assessee who provide the service is not liable to pay the service tax so liability does not arise at all for service provider so as per my view it will by mistake paid amount
I m not sure please clear my doubt also.
Thanks in advance.
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27 August 2016
Yes it is a mistake paid amount can be treated as excess paid and adjusted in the subsequent remittance.
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