Excess service tax paid
This query is : Resolved
19 November 2012
Sir
My client paid service tax without avaialing benefit of Exemption of Rs. 10 lac available to small service providers.
What can he do now ? Adjustment or refund ?
My client paid service tax without avaialing benefit of Exemption of Rs. 10 lac available to small service providers.
What can he do now ? Adjustment or refund ?
20 November 2012
In my opinion , he has already collected from the customers hence he can not adjust or claim refund. There is a concept called unjust enrichment.
To claim refund or make adjustment subject to the limitation of time i.e 1 year,the amount of service tax so collected should be refunded to the person from whom it was collected.
To claim refund or make adjustment subject to the limitation of time i.e 1 year,the amount of service tax so collected should be refunded to the person from whom it was collected.
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