Refund of service tax on consultancy fees

This query is : Resolved

Theo Wilson (Querist)
Follow

26 April 2013 Dear Expert,
I had subscribed for service of oversees job seeking consultant and paid 12.36% as service tax on fees. In my contract with consultant, in case if they are unable to assist me to get new Job, the 60% of the fees are refundable.
My question is whether I am eligible to claim the difference amount of service tax paid from consultant along with my refundable fees.

Please help

CA Vikas Acharya

CA Vikas Acharya (Expert)
Follow

26 April 2013 that depends on your contract and terms with the consultant as you have paid service tax to him so you have to ask refund from him.

though if they pay you the service tax they are eligible to adjust the excess paid service tax to the government from their next liability of tax payment as per rule 6(3) of service tax rules.

so if they give it back to you they will get it back.
but before prior contract, these days they companies dont do the same as it was your money they dont wanna bother themselves. cruel practice.

Theo Wilson

Theo Wilson (Querist)
Follow

01 May 2013 Dear Vikas Sir,
Thank you for insight and reference. Surly this will help me to claim the excess tax from the consultant.

Thank you,
Theo Wilson

Upgrade to CAclubindia Pro. Subscribe Now!