Excess Payment of service tax -denied by Dept

This query is : Resolved

Mayank Shyamsukha (Querist)
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04 December 2009 Hi,

one company had deposited the service tax on GTA Services for the period of April 09- sept 09 @ 3.09%(12.36-75% OF12.36%) as service receiver. But as per the amendment, From 25th Feb,2009 service tax rate is reduced to 10.30%. Hence the service tax to be paid on GTA services is 2.575% (10.30%-75%of 10.30%).

At the time of filing the return For the first half of 09-10, an intimation letter was given to department for set of excess payment of service tax i.e. (3.09%-2.575%) in the next half. But department denied to give the credit or set off of excess service tax paid. They replied that "Once you deposited the money @ 3.09% it cannot adjusted for 2.575%. And hence you cannot take the credit thereof"

Ram Avtar Singh

Ram Avtar Singh (Expert)
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04 December 2009 If you have paid service tax on any rate and take cenvat credit for the same then how can you adjust again. if you have not taken cenvat credit than you can take cenvat credit or refund for the same.

sanjeev

sanjeev (Expert)
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04 December 2009 You can set off the same against next months service tax liability and deposit the remaining amount(if any)payable by you.

Taking refund is a very time consuming and complex task.

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