Adjustment on excess paid service tax
This query is : Resolved
29 September 2012
dear sir,
i read all provisions related with this matter but my client not follow 1 provision on this matter which is this:
"Details and reasons for adjustment are intimated to the jurisdictional Superintendent of Central Excise within a period of 15 days from the date of such adjustment".
and notice came from deppt. what to do?
and plz suggest me any case study regards this...
i read all provisions related with this matter but my client not follow 1 provision on this matter which is this:
"Details and reasons for adjustment are intimated to the jurisdictional Superintendent of Central Excise within a period of 15 days from the date of such adjustment".
and notice came from deppt. what to do?
and plz suggest me any case study regards this...
30 September 2012
Excess payment of service tax is on what account
1. Amount of service chargeable is reduced - can be adjusted and no intimation is required
2. amount of service tax paid in excess by mistake in one month or in a quarter can be adjusted in succeeding month or quarter- no intimation is required
3. if excess payment is related to an interpretation of Law or dispute the same can not be adjusted
please refer rule 6(3), 6(4A) and 6 (4B) of service tax rules
1. Amount of service chargeable is reduced - can be adjusted and no intimation is required
2. amount of service tax paid in excess by mistake in one month or in a quarter can be adjusted in succeeding month or quarter- no intimation is required
3. if excess payment is related to an interpretation of Law or dispute the same can not be adjusted
please refer rule 6(3), 6(4A) and 6 (4B) of service tax rules
30 September 2012
yes sir, but cestat issue a notice and raised a demand only in the issue of not intimation for adjusting the excess service tax paid in oct 2003 and dec 2003......bcz my client had adjusted it from nov, jan n feb......
30 September 2012
if you can mail the SCN to me at sureshjain.nj@gmail.com i can study and reply
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- PAN Migration to New AO
- How to open attachment in 23ac xbrl
- Gifts in cash
- Validity of Transfer Pricing Notice u/s 92CA(2)
- Excess TDS Paid - Form 26QC
- Capital gains LTCG
- Input Tax Credit Puf panels
- Tds rate on loan given to a firm from personal file
- Partnership deed reconstitution in how much stamp paper in uttar pradesh
- REGARDING DTAA.
- TDS u/s 194-IA on the Home Loan Disbursement Amount
- Clarification on Notification No. 40/2017-Central Tax (Rate)
- Form 26QB - Details to filled
- REGARDING GST AMNESTY SCHEME
- Difference in taxation of company leased car
- Real Estate Transaction Structuring with Power of attorney & Beneficial Ownership
- ITC available on QIP Expenses
- EBRC Generation
- AS-16 Treatment of Borrowing cost for land and building
- HSN Wise Summary Reporting in GSTR-1
Trending Online Classes
-
Certification Course on GSTR-3B Reconciliation with GSTR-2B through Chat GPT
CA Deepak Gupta26 April 2025
CAclubindia
