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Service tax paid twice

NARENDRA KUMAR T (Proprietor) (147 Points)

08 July 2013

Dear Experts,

Wrt Service Tax, my clinet has discharged service tax liability twice to the Govt errounosuly, i.e., one is at the time providing service and another at the time of issuing invoice.

Instead of claiming refund U/S 83 of the finance act ( i.e.,Sec 11B of central Excise Act), Can I go ahed adjust the excess payment in the current month liability.

Appriciate your reply at the earliest. Thanks in advance

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3 Replies

Arun Kumar Singh (GST Advocate) (15188 Points)
Replied 08 July 2013

Yes, you can adjust the excess payment in the current month.

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NARENDRA KUMAR T (Proprietor) (147 Points)
Replied 08 July 2013

Originally posted by : Arun Kumar Singh
	Yes, you can adjust the excess payment in the current month.

Thanks for the Update. The error has commited morethan 90 days ago. Hence Can you please refer the relavent section or rules.

Thanks a ton

CA Harshal Pahade (Professional) (79 Points)
Replied 09 July 2013

Dear Narendrakumar,

Please refer to "Rule (4A) of Service Tax Rules, 1994" which says that - "Where an assessee has paid to the credit of Central Government any amount in excess of the amount required to be paid towards service tax liability for a month or quarter, as the case may be, the assessee may adjust such excess amount paid by him against his service tax liability for the succeeding month or quarter, as the case may be."

You can take the benefit of the above rule. You can simply adjust the excess payment so made in the succeeding quarter and the same can be reflected in the return (ST3. There is no need to intimate the department for such adjustment.

Regards,

CA Harshal Pahade

Contact 9272344759