Need urgent help!!!!

Queries 393 views 3 replies

I am in a very strange situation,Kindly help me to get out of it!!

 

As a CA-Final student,I registered myself to a coaching institute for the classes and paid the fees upfront as the general rule you have to deposit fees upfront(Rs.20000) on 13/5/2013.But due to timings problem on 15/5/2013,I asked him to kindly cancel my registration and give me refund of the full amount of Rs.20000 upfront(I had paid through cheque) and the cheque was cleared and he told me that after checking of Bank Statement he will give my refund through cheque..But when I went to him today,he told me that he will pay after deducting service tax @ 12.36%..But argued that I didn't even took a single class..Considering above situation,kindly tell me:

1.) Am I liable to pay service tax on the service that I had not even availed?

2.) What is my legal stand on that and how can I recover my full amount,i.e.,Rs.20000?

THanking you,
Ashok Kumar Sharma

Replies (3)

Hii,

The coaching institute is not paying you the service tax element as it might have paid the service tax to the credit of Central Govt on the basis of Point of Taxation, Rules 2011. 

Rule 6 of Service tax Rules, 1994 provides unlimited permissible adjustments if there is deficiency or non provision of service and amount is refunded to the client/party/buyer. Therefore, in that case you can ask the coaching institute to refund the service tax amount to you and adjust its future liability under Rule 6 of Service tax Rules, 1994. Hope the institute agrees.  

 

 

 

Regards,

Nirav Worah

@ Nirav,

Thanks for the response but the institute had not paid the tax on that yet!!

 

What if I tell them to cancel the receipt rightaway,would that be OK?

Yup, That is an option if the coaching institute has not paid service tax. Institute should not have any problem in that.


CCI Pro

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