Point of taxation rules

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Shivish Verma (Querist)
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22 March 2013 Sir,

my client provides software development services and has raised a bill in june 2012. we paid s tax accordingly. later in august the bill was reduced from 12.00 lacs to 5.00 lacs on the basis of debit note.
My query is, can my client take claim of excess service tax paid on that bill in the next quarter and thereafter

Sumit Grover

Sumit Grover (Expert)
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22 March 2013 Yes, the excess ST liability paid earlier can be adjusted now, subject to the condition that the reduction of the above mentioned amount should be due to deficiency of service or any other terms contained in the contract.and a credit note has been issued to the party in case,the amount has not been received. In case, the amount has already been received(Rs. 12 Lacs), then first refund Rs. 7Lakhs,then reverse the ST liability proportionately (Refer Rule 6(3) of Service Tax Rules, 1994)

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