Service tax
This query is : Resolved
Shefali Bajpai
(Querist)
04 December 2009
xyz a patnership firm has been duly depositing the service tax charged from its client (A MNC ) but the client intially kept the service tax payment pending and released the bill for the services provided but now refuses to release the old outstanding service tax payment (which is huge amount).
what remedy does the firm xyz has for recovering the service tax payment already made to the government by the firm?
The MNC is giving the plea that service tax is not liable on the services being offered by firm xyz to them but they have regularly been paying service tax to the same firm for other services provided under adifferent service provider agreement.
pls. give ur expert views.
what remedy does the firm xyz has for recovering the service tax payment already made to the government by the firm?
The MNC is giving the plea that service tax is not liable on the services being offered by firm xyz to them but they have regularly been paying service tax to the same firm for other services provided under adifferent service provider agreement.
pls. give ur expert views.
Arbind Aggarwal
(Expert)
05 December 2009
This matter is covered under the contract act. If the agreement and or contract contain such clause for service tax then xyz can proceed for recovery of tax.
The bilateral agreement holds the key.
There is no remedy in the service tax provisions for such disputes. At the most xyz can apply for refund of proportionate amount of tax paid on the un-realised part.
The bilateral agreement holds the key.
There is no remedy in the service tax provisions for such disputes. At the most xyz can apply for refund of proportionate amount of tax paid on the un-realised part.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Accounting treatment of AMC alongwith the purchase of Laptop
- Unable to File TDS Q2 Return – New TRACES Portal Error
- Condonation Request sec 119(2) b -Enhancement Limit of Leave Exemption prior to AY 2023
- Not ordinarily resident having partnership income in India and salary in USA is any form to filed be
- EPF ECR NEW RULES Sep 17th 2026
- Transfer of Physical Stock Between Two Proprietorship Concerns
- GST Treatment of Purchases with GST Paid where Outward Supplies of Manufactured CattleFeed Exempt
- Taxation of crypto futures in India Fy 2026- 2027
- Issuing of delivery challan by seller of goods
- Expert Help Required for TDS Refund 100000 Through TRACES – AY 2022–23
- IMPORT PURCHASE ENTRY PASSED IN BOOKS OF ACCOUNT
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
- Guidance Needed: Linking Multiple Form 26QB Payments and Responding to ITD Defaulter Notice
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
