we are working as a contractor and We are registered under Works Contract tax in Haryana.Which is @4%. Our Contract are inclusive of Service Tax and Works contract tax.The contractee is deducting & depositing works contract on Service Tax also. We have filed the return by claiming refund of excess works contract tax paid on service tax. Now the assessing officer is not giving the refund by claiming that the works contract is on payment recieved, whether it is service tax.Please clarify it whether we are eligible for refud or not by considering that the service tax is indirect tax and to be deposited to govt. account.
16 June 2009
In my opinion, VAT is needed to be charged on the bill amount inclusive of Excise and service tax. And hence no refund of wct on account of service tax shall be allowed.
CAclubindia
