10 December 2007
RESPECTED SIR/MADAM, OUR CLIENT FILED SERVICE TAX RETURN LAST YEAR BUT DID NOT CLAIM EXCISE DUTY PAID ON ACQUIRING MACHINERY FOR PERFORMING SERVICES.THE AMOUNT EXCESS PAID IS 48 LAKHS.CAN WE FILE REVISED RETURN NOW AND SELF ADJUST THE EXCESS PAID AMOUNT AGAINST THE LIABILITY OF THIS YEAR.IF REVISED RETURN IS NOT POSSIBLE IN WHAT WAY CAN WE CLAIM THE EXCESS PAID AMOUNT?
10 December 2007
It appears that following information would be of some use to you.
"Revised return – There is no provision for submission of revised return. If assessee finds that he has made some mistake, he should pay the amount by TR-6 challan and inform department suitably. If he has paid excess amount by mistake, he is required to file refund claim. He cannot adjust excess payment on his own, except in few cases where it has been specifically permitted. If he has not taken Cenvat credit of certain inputs, input services or capital goods, he can avail it in subsequent period, since there is no time limit for availing Cenvat credit. This will be reflected in his return for that subsequent period, as in normal course."
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