Wrongly deposit service tax

This query is : Resolved

MOHD AZID (Querist)
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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?

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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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.

MOHD AZID

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

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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28 April 2015 Ask him to file revised return and adjust the excess service tax paid in next remittance.

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