28 February 2013
our company has deposited service tax twice on a receipt which was received in july one in august and then again in feb with other service tax due along with interest. now there is no liability towards service tax.
what is the possible course of action for our company?
01 March 2013
Your company need to File Refund Application in Form R of the Central Excise Act 1944 in triplicate. Your Application must be designated to the adjudicating authority designated for this purpose (Asst. Commissioner or Deputy Commissioner). It shall be filed within one year from the date of payment of duty. Application shall be attached with the prescribed documents which establish that the service tax was paid by the applicant and that incidence of such tax had not been passed on by the applicant to any other person. Revenue Stamp must be pasted over it if the refund is over Rs. 20/- PLEASE NOTE THAT REFUND CAN ONLY BE CLAIMED IF YOU HAVE PROOF THAT THE INCIDENCE OF TAX HAS NOT BEEN PASSED ON TO ANY OTHER PERSON.
01 March 2013
As per my knowledge, refund is applicable in cases where adjustment is not possible as in our case company will continue to provide the taxable services, so can we adjust it against the future payments of service tax liability arising in the coming year or in the month of march 2013
01 March 2013
Yes u can adjust it with future payments just mind this thing that while filling ST-3 return amount of tax paid for that certain period shall be tallied with the amount of tax due.
01 March 2013
we have paid Rs. 31248 as double payment and if every thing goes well we will have to pay Rs. 22001 as service tax for the month of march and all other dues are clear will it create any problem while filling the return for the last quarter as there is an amount of Rs. 9247 remaining unadjested
01 March 2013
Our company provides debt syndication services. First challan was of Rs. 31248 which was wrongly calculated and the second challan was of Rs. 30900 which was correctly calculated. Now we will have paid excess Service tax to the tune of Rs. 31248. But in march 2013 we are expecting a payment on which Service tax would be Rs. 22001. If we adjust this with excess service tax paid, the balance comes out to be Rs. 9247. Can this unadjusted amount be carried forward and adjust it with future service tax payments?
CAclubindia
