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Adjustment of excess service tax paid

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Amit Kamerkar

Partner

26 Points Posted on 15 January 2010

My client has paid exccess service tax for the quarter October 08- March 09. The cenvat credit was adjusted first and then the excess amount paid was carried forward for adjustment for the next quarter under service tax rule 6(4A). But the self adjustment of excess paid amount was not intimated to the superintendent within fifteen days of adjustment.

Please let me know that in the above mentioned case can my client adjust the excess paid service tax amount in the next quarter April 09 - Sept 09.

Replies (3)

Anand

Chartered Accountant

198 Points Posted on 17 January 2010

Dear Amit

As Pre Rule 6 (4B) (iv) "the details and reasons for such adjustment shall be intimated to the Jurisdicational Superintendent of Central Excise within a period of fifteen days from the date of such adjustment."

it means intimation is required from the date of adjustment, not from the date of excess deposit.

Amit Kamerkar

Partner

26 Points Posted on 19 January 2010

Thanks for the reply. But if my client had not informed the superintendent within 15 days of adjustment then is there any provision to rectify the client's mistake and not to loose the excess amount deposited.