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Adv. S Sharma

Lawyer

339 Points Posted on 15 March 2008

Hi All

QUERRY : I m providing taxable Service under the head Businees Auxiliary Service (BAS) and paying tax accoardingly. Now, I just come to know that whatevr service I m providing it does not fall under the scope of BAS but under the head Business Support Service.

In this case, should I file the refund application form for that Tax which I had been paid and start pay the tax under Business Support Service (for the period 2006-07 to till date) ?

Not file the application for refund but start paying the Service Tax under the head Business Support Service ?

Actly I just come to know, Show Cause Notice will issue against me within this month.

with best regards,

Sachin

Replies (4)

Adv. S Sharma

Lawyer

339 Points Posted on 15 March 2008

any ans plz ???

Vaira Mutthu

Chartered Accountant

30 Points Posted on 16 March 2008

Dear Mr.Sachin,

i come to understand that you had paid the service tax liability under the head Business Auxillary services instead of Business support services.

1. Please get the ammended ST-2 for business support services

2. dont worry you had paid the ST hence no proble relating to interest or penalty

3. wrong understanding of service will not lead to a interest or penaly

4. here onwards pay the tax in the name of Bussiness support services.

5. give a letter to the department stating the fact what you mentioned here.

Adv. S Sharma

Lawyer

339 Points Posted on 17 March 2008

Hello Sir

Thx, I m gr8full

With best regards,

Sachin

OFFICESELVA

Service

498 Points Posted on 19 March 2008

I do not think that department will issue notice for wrong classification of service, Since tax rate is same. There must be some revenue implication if notice is being issued.