Wrongly deposit service tax


This query is : Resolved 

28 April 2015 Dear Sir
We are the body corporate and we are the Service Receiver Paying Service Tax Under Partial Reverse Charge.

But by clerical mistake, we have paid 100% service tax to service provider & service provider already deposit all 100% service tax through challan.

1-Can we claim 100% Cenvat?
2-How to fill ST-3 entries?

what to do?

28 April 2015 1 you have to pay your part of service tax under partial reverse charge and then only you can claim 100% cenvat credit. Ask your service provider adjust the excess payment or seek refund and pay the amount to you.
2 ST-3 entries has to be made considering reverse charge payments.

28 April 2015 But sir service provider already paid 100% service tax through challan & file their ST-3 Return.

28 April 2015 Ask him to file revised return and adjust the excess service tax paid in next remittance.


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