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Service tax paid in advance
I just want to inquire that I had paid for club charges for the month in advance. But due to some fault on part of club, the services of the club could not be availed in full. The club refunded the balance amount proportionately, without refunding the proportions of service tax.
Now my contention is what is stand for service tax? Is it payable for services which has not been rendered.
pl. clarify.
Replies (2)
It is a membership fee and service tax is applicable on such servives. Having observation plz forward the same.
I DONOT SAY IT IS NOT PAYABLE.
BUT SERVICES TAKEN IN PART ONLY. SAY FOR A MONTH.ONLY 19 DAYS ARE USED. FOR 12 DAYS SERVICES WAS NOT AVAILABLE,HENCE REFUNDED FOR 12DAYS,BUT WITHOUT REFUND OF SERVICE TAX. AS WE SEE THAT IN TELE COMMUNICATION COMPANY REFUND FOR WRONGLY DEBITED CHARGES,THE COMPANY REFUND WITH SERVICE TAX.
HERE MY CONTENTION IS THAT IT WAS REFUNDED WITHOUT SERVICE TAX FOR THE PERIOD WERE NO SERVICES HAS BEEN PROVIDED. IS IT JUSTIFIED?
WE CANHAVE AN EXAMPLE THAT HOSPITAL ARE TAKING ADVANCES INCLUDING SERVICE TAX ON IT. BUT AT THE SETTLEMENT IT CHARGES ARE ON ACTUAL BAIS OF SERVICES.
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