service tax

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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.

Shyam Lal Naik

Shyam Lal Naik (Expert)
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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)
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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)
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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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