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Deposit excess service tax

Nisha Yadav (Accounts exe) (455 Points)

13 February 2013

Dear All,

By mistake i have deposited excess service tax arounding Rs 2000/- of the month JAN'12. Can i use this excess service tax to in the month of feb'13.

Please help me.

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2 Replies

Sachin Rajput (account exe) (593 Points)
Replied 14 February 2013

I have same query n looking for revert ans.

mahendra jain (Advocate & Tax Consultant) (41 Points)
Replied 14 February 2013

Yes you have utilized amount of rs. 2000 in next month/qt. . and amount mentioned in column (Service tax paid ( Rule 6(4a). and intimate to superintendent within 15 days via ST-3 return or letter after adjusment .

rule 6[(4A) Notwithstanding anything contained in sub-rule (4), where an assessee has paid to the credit of Central Government any amount in excess of the amount required to be paid towards service tax liability for a month or quarter, as the case may be, the assessee may adjust such excess amount paid by him against his service tax liability for the succeeding month or quarter, as the case may be.

(4B) The adjustment of excess amount paid, under sub-rule (4A), shall be subject to the following conditions, namely:-

(i) excess amount paid is on account of reasons not involving interpretation of law, taxability, classification, valuation or applicability of any exemption notification,

(ii) excess amount paid by an assessee registered under sub-rule (2) of rule 4, on account of delayed receipt of details of payments towards taxable services may be adjusted without monetary limit,

(iii) in cases other than specified in clause (ii) above, the excess amount paid may be adjusted with a monetary limit of [ Rupees one lakh rupees ]¹⁹ for a relevant month or quarter, as the case may be,

(iv) the details and reasons for such adjustment shall be intimated to the jurisdictional Superintendent of Central Excise within a period of fifteen days from the date of such adjustment.]⁵