Service Tax

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

04 June 2010 Good Morning All,
Our company is engaged in two services. One of them is with 50% abatement and second one is fully taxable. By some calculation errors we paid in excess a huge amount of Service Tax under that abatement service.
So can we claim this excess paid against the fully taxable service which we provides.
If not, please advise me how can we claim this excess paid of service tax.
Its urgent.......Please advise me.

gadhamsetty manikanta

gadhamsetty manikanta (Expert)
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04 June 2010 i think there is no such specific restriction.hope u can adjust such excess paid against fully taxable service.
If u need any further clarification,pls write to me

Querist : Anonymous

Querist : Anonymous (Querist)

05 June 2010 Thanks for the reply, Sir,
This excess paid is for the period Oct-09 to Mar-10, and as per our consultant's view, we can't claim this excess paid against the fully taxable services, so that we filed the Service Tax return for the said period also.
So please tell me if there is any provision, any circular or any decision from High Court/Supreme Court which clears that we can claim excess paid of one service can take against another service, even we already filed the Service Tax Return.
So that we will get some base for claiming the same.
Kindly do the needful Sir.

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Querist : Anonymous

Querist : Anonymous (Querist)

09 June 2010 Sir,
Please advise Me about the above query..........
Its urgent....