service tax

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This query is : Resolved

Rajesh SINGI (Querist)

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

Shyam Lal Naik

Shyam Lal Naik (Expert)

16 April 2008 Service tax excess paid can be adjusted against next months/quarter liability wef 01/04/2008.

R.V.RAO

R.V.RAO (Expert)

16 April 2008 I AGREE WITH SRI NAIK ABOUT ADJUSTMENT.

THE REFUND PROCEDURE 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

Dayal

Dayal (Expert)

19 April 2008 I agree with shyam lal naik, there is a provision to adjust the excess amount as per sub rule 4(B) of Rule 6 which is related to self adjustment w.e.f. 01/03/2007.

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