30 June 2008
I want to clarify that we have paid excess amount in service tax in the financial year 2006-07. But we have passed the rectification entries in 31st March 2008 relating mistake happens in the financial year 2006-07. Hence, we could not able to comply the rule that to intimate the Supdt. relating to such adjustment within 15 days. We are the branch office. Our Head office is in Delhi. We have the centralized Registration.
Kindly suggest that we can adjust the excess amount in this situation.
The options which were available to you for such self adjustment are:
1. Rule 6(4A) - Since this rule allow self adjustment only till successive month, you cannot avail the benefit of this rule
2. Rule 6(1A) - Since this rule is applicable only after 1st April 2008, moreover this requires intimation to Sptd. of CE, you cannot avail the benefit of this rule.
3. Rule 6(3) - Since this applies to only the cases where the service is not delevered though tax on the same is deposited. So this also does not applies to you.
4. Short utilization of Cenvat Credit - Since this excess payment pertains to year 2006-07 you must have already filed ST3 return for the same. So you even cant do this.
Hence, the only option remains to you is to claim a refund for the same.
CAclubindia
