Refund of service tax if service not provided by y-axis

Queries 241 views 5 replies

I have approached Y -axis Bangalore for the Canadian university admission with IELTS score 6.00 score/band and checked with them if they can get admission with that score and they confirmed they can get an admission in the university and asked me to pay the amount to start the process, for which i paid the below amount.

Advance towards services to be provided
(Price Include Facilitation Charges)
INR 18,360.00
Add: Service Tax (14.0%) INR 2,570.00
Add: Swatch bharat Tax (%) INR 92.00
Add: Kalyan Krishi Cess (0.5%) INR 92.00
Total Amount INR 21,114.00

Later other consultant calls and tells me that i cannot get admission because I don't have 6.5 score.
i was deceived with wrong information and I requested them to give me money back as they truly misguided me with the wrong information.

Now they wanna pay me only INR 18,360.00 and they would not want to give me Service Tax amount. I feel they have not provided me any Service and they don't have any right to deduct that amount.

Kindly advise how i can get back my total amount including service Tax. Otherwise what would be the right approach to deal this situation 

Awaiting for your valuable information.

 

Replies (5)

Hi Bharat,

Something wrong happend with you.

You are entitled to get the refund of entire amount (including service tax) whcih you had paid. The consultant may think that he paid that amount to government and therefore would not be entitled to get back that money. 

For this, I want to highlight the provision of Rule 6(3) of service tax rule 1994. In terms of which the person who paid service tax to government unable to provide service can take credit in case fails to provide such service.

Therefore, you are entitled to get your money back and service provider would be entitled to get credit which they had already paid.

Hope, I am clear.

Regards

Hi Sunil,

Thanks for the quick reply and i was really confident with this information when talking back to the consultant of Y-axis. I believe with your information i can get back the total amount(including serviceTax) which I have paid.

I will keep updating this post till this case closes and hope others also will find this information useful and can be aware of this kind of scenarios

Thanks again.

 

Regards,

Bharath

 

Welcome Bharat !!

Hi,

In my case as well they are ready to refund some percentage of the amount I paid for the service but when asked about the service tax they say that I need to apply withe service tax department for that. I am not sure how I can apply for refund if Y-axis paid the service tax from their account. As my case is not a full refund but partial should I approach the service tax department to claim the excess tax paid or the y-axis should refund me?

Appreciate your valuable reply.

 

Thanks,

Sukumar 

Hi, Bharat and Sukumar,

Unfortunately, i am facing the similar kind of situation with Y-Axis. Please help if you get service tax refund? If yes then how. 

Appreciate your great help.


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