service tax

This query is : Resolved 

16 April 2008 whether service tax excess paid can be adjusted from next months liability or we have to get refund for the same.

16 April 2008 excess of service tax paid is adjusted up to rs 100000/-per period or you are claim for refund when at the end of year if there is any refund you will apply in FORM R WITH IN ONE MONTH AFTER THE YEAR END

16 April 2008 I AGREE WITH SRI HEMANT.

THE PROCEDURE OF REFUND OF SERV. TAX IS AS FOLLOWS.

SEC 11B OF CENTRAL EXCISE ACT DEALS WITH REFUND OF SERVICE TAX ( SERV. TAX ACT IS GOVERNED BY CENTRAL EXCISE DEPT-AND REVENUE ACCRUES TO CENTRAL GOVT.).
REFUND APPLICATION TO BE MADE IN FORM R
TO BE FILED WITHIN ONE YEAR FROM DATE OF PAYMENT(RELEVANT DATE) OF THE SERV. TAX .
( THE SUBJECT OF RELEVANT DATE HAS MANY INTERESTING JUDICIAL DECISIONS )
APPLICATION FOR REFUND TO BE MADE TO ASST.OR DY. COMMISSIONER OF CENTRAL EXCISE. WE NEED TO ENCLOSE PROOF OF ORIGINAL PAYMENT OF SERVICE TAX AND EXPLAIN IN FORM R OR IN A COVERING LETTER AS TO WHY REFUND AROSE.
IF REFUND IS DENIED,WE CAN PREFER APPEAL ALSO IN 3 MONTHS FROM DATE OF RECEIPT OF ORDER.
R.V.RAO




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