CA
2909 Points
Joined November 2009
Section 68 of Finance Act, 1994 provides that service tax shall be paid in the manner and within such period as may be prescribed. Accordingly Rule 6 deals with the manner of payment of service tax.
As per Rule 6(4A) of Service Tax Rules, 1994,
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.
Rule 6 (4B) of said rules , inter alia, provides that
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.
Thus above provision talks about any amount paid in excess of service tax liability and same may be adjusted against the service tax liability of subsequent years.
However section 75 of above act deals with provision related with interest liability and there in no provision regarding treatment of excess payment of interest liability.
So, according to me you should adjust the excess amount of interest paid and intimate the department of the same. If they object then u can plea that we sud be allowed the same on the footing of above provision.