Service tax wrongly charged to a school can refund claimed ?
This query is : Resolved
Subramanian
(Querist)
18 December 2015
Hi,
We are an educational institution based in Bangalore
We are not registered under service tax as educational institutions are exempt under service tax
In April 2015 we hired a house keeping service company to take care of our house keeping and they were charging monthly bills including service tax
Later last month we found service tax need not be charged on certain services like house keeping if such services are rendered to an educational institution
Now based on this information we asked the house keeping service provider to refund back the service tax amount paid from April 2015 to Sept 2015
The company is saying they have already collected and paid the service tax on these bills so they cannot now get refund back from the Service tax department so they cannot give us back the money
So my question is there any way to get refund of the said service tax paid
Is there any notification or case laws to this effect
Please advice
Subramanain G
Bangalore
We are an educational institution based in Bangalore
We are not registered under service tax as educational institutions are exempt under service tax
In April 2015 we hired a house keeping service company to take care of our house keeping and they were charging monthly bills including service tax
Later last month we found service tax need not be charged on certain services like house keeping if such services are rendered to an educational institution
Now based on this information we asked the house keeping service provider to refund back the service tax amount paid from April 2015 to Sept 2015
The company is saying they have already collected and paid the service tax on these bills so they cannot now get refund back from the Service tax department so they cannot give us back the money
So my question is there any way to get refund of the said service tax paid
Is there any notification or case laws to this effect
Please advice
Subramanain G
Bangalore
CA R SEETHARAMAN
(Expert)
19 December 2015
They can file online refund/adjust the amount in future remittance and refund the amount to you.
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