Working with CA firm
117 Points
Joined February 2013
Dear Lalit
Service tax has only one rate i.e. 12.36%, service tax can be charged at lower rate if there is any abatement in rate.
Now if anyone is charging service tax at lower rate without any abatement in rate then it will be treated as short payment of service tax and tax preceding may be enunciated on him, which cover notice for short payment of service tax along with Interest and Penalty (penalty is depend on the situation)
If service tax has been charged at higher rate as in your case then
1. You are not bound to pay the extra amount of service tax, you should ask for another invoice and accordingly payment should be made and cenvat credit should be taken.
2. If you have already paid the extra amount of service tax then you can avail the cenvat credit for excess amount too based on judicial judgements.
Its the duty of service provider to pay the total amount of service tax collected from service receiver in the name of service tax to the government.