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CA Brijesh Gandhi (Querist)
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06 June 2009 After amendment in service tax rate @ 10.30%, the company is still charging service tax @ 12.36% , and for the same taking setoff or deposite it in govt.

the same is happening with company also, there are some parties who charge s.tax @12.36% on company.

the comapny is aware about the amendment in s.tax.

Question:
wether it is allowable or it should be rectified?

if it is rectified then how?
and if co. going to rectified than wether co. take setoff for the excess rate?

Ca Anand Dubey

Ca Anand Dubey (Expert)
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06 June 2009 service tax is collected and deposited , you have deposited whatever you collected (not less than the applicable rate) and taken credit amount (irrespective of the rate input service provider charge).

I dont think it can be rectified as the company has deposited the collected amount.As far as input credit is concerned your company can take input credit of any rate , if paid.

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