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ST on Booking Cancellation

This query is : Resolved 
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(Querist)
28 October 2010 The Developer received booking amount from the Flat Holder of Rs. 100,000/- and Service Tax @2.757% of Rs. 2757/- and Service Tax deposited in Government Account. After six month the said Flat Holder cancel the Flat and Developer return Rs. 102757/- to the Flat Holder.

Now my question is.. Can the Developer take credit of Rs. 2757/-? Or What is the Effect on Account book?
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CA Shailesh Kumar Bhagat

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CA Shailesh Kumar Bhagat (Expert)
29 October 2010 No, he cannot take the credit, since he refunded the service tax amount wrongly.
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O.D.SHARMA

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O.D.SHARMA (Expert)
29 October 2010 Hi,
This refund can be adjusted thru return.This is cancellation of booking & service tax refunded.Builder can claim it.
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GSTP Hari Dhayalan Konar

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GSTP Hari Dhayalan Konar (Expert)
29 October 2010 yes he can claim.
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