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Excess canvat refund of service tax
A partnership firm takes services from a person. Pays service tax on the service received.
Provided only taxable service, but amount payable is less than the service tax paid on services received (that is, cenvat credit is excess )
Can we claim refund of this excess cenvat?
Is there any time limit to carry forward this if refund is not available?
Replies (3)
NO, a service receiver paying ST under reverse charge mecahnism cannot claim refund under Rule5B of CCR,2004(rule 5B is for s.provider providing services on which tax payable by s.receiver u/RCM).....the only option to carry forward credit of ST paid under RCM till the same can be utilised (can be c/f indefinitely) ....
This is not a case of reverse charge.
It is simple like vat, so my question is whether we can take cenvat refund when similar situation we get vat refund.
In vat we get refund of excess input credit.
Similarly can we get cenvat refund in service tax?
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