service tax

This query is : Resolved

Rajesh SINGI (Querist)
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16 April 2008 whether service tax excess paid can be adjusted from next months liability or we have to get refund for the same.

CA Hemant T Dewani

CA Hemant T Dewani (Expert)
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16 April 2008 excess of service tax paid is adjusted up to rs 100000/-per period or you are claim for refund when at the end of year if there is any refund you will apply in FORM R WITH IN ONE MONTH AFTER THE YEAR END

R.V.RAO

R.V.RAO (Expert)
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16 April 2008 I AGREE WITH SRI HEMANT.

THE PROCEDURE OF REFUND OF SERV. TAX IS AS FOLLOWS.

SEC 11B OF CENTRAL EXCISE ACT DEALS WITH REFUND OF SERVICE TAX ( SERV. TAX ACT IS GOVERNED BY CENTRAL EXCISE DEPT-AND REVENUE ACCRUES TO CENTRAL GOVT.).
REFUND APPLICATION TO BE MADE IN FORM R
TO BE FILED WITHIN ONE YEAR FROM DATE OF PAYMENT(RELEVANT DATE) OF THE SERV. TAX .
( THE SUBJECT OF RELEVANT DATE HAS MANY INTERESTING JUDICIAL DECISIONS )
APPLICATION FOR REFUND TO BE MADE TO ASST.OR DY. COMMISSIONER OF CENTRAL EXCISE. WE NEED TO ENCLOSE PROOF OF ORIGINAL PAYMENT OF SERVICE TAX AND EXPLAIN IN FORM R OR IN A COVERING LETTER AS TO WHY REFUND AROSE.
IF REFUND IS DENIED,WE CAN PREFER APPEAL ALSO IN 3 MONTHS FROM DATE OF RECEIPT OF ORDER.
R.V.RAO

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