Point of taxation-service tax

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This query is : Resolved

aaaa (Querist)

25 January 2012 Dear Sir We had raised a invoice towards service provided by us for Rs.50000 + 10.30 in the month of Dec 12 and paid the service tax to the government on 05.01.12.

but the service receipt of the service has disputed the service and refused to pay.

kindly clarify how to recover service tax already paid to the credit of the central government.

gopikrishna

gopikrishna (Expert)

27 January 2012 Dear Sir you cannot recover the service tax paid to the government. Even though the service recipient failed to honour the payment, it is the duty of the service provider to pay the service tax to the government before the due date.

Generally the service provider collects the service tax from the service receiver and pays to the government, but if the service receiver fails to pay the service tax then it is the duty of the service provider to pay that service tax from his own pocket.

aaaa

aaaa (Querist)

27 January 2012 Dear Gopikrishna thank for you reply but can you please provide details like circular or section where the same is mention.

aaaa

aaaa (Querist)

27 January 2012 Dear Gopikrishna thank for you reply but can you please provide details like circular or section where the same is mention