Excess paymnet of service tax

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

09 March 2013 company paid service tax on the basis of bill for march 2011 and flied the ST return.

Now the bill is cancelled by the party and refused to make payment as bill is canceled?

How to adjusted the amount of ST paid , can it be adjusted now by which provision or rules?

Please reply with supporting rules , provisions of the Act.

Thanks.

Jayant Bothra

Jayant Bothra (Expert)
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09 March 2013 Dear Sir,

Your case is dealt by Rule 6(3) of Service Tax Rules, 1994. As per the said rule the assessee may take the credit of such excess service tax paid by him, if the assessee:-

(a) refunded the payment or part thereof, so received for the service provided to the person from whom it was received; or

(b) has issued a credit note for the value of the service not so provided to the person to whom such an invoice has been issued.

Thanks & Regds
CA JAYANT BOTHRA
M: 9873-626-020