service tax refund

This query is : Resolved

anita (Querist)
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17 March 2009 Sir If party has deposited excess amount of service tax @12.36% instead of 10.30% and we have deposited it with the service tax authority . Can the party asked for the refund of the excess amount of service tax which he has paid to us.

SIDDHARTHA SANKAR ROY

SIDDHARTHA SANKAR ROY (Expert)
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17 March 2009 You mean to say you have wrongly charged & collected service tax from your clients @12.36% instead of @ 10.30% and deposited the amount with the Department. In such case you have to ask for refund of excess amount deposited with Department but before doing that you have to refund your client the excess amount collected(12.36% - 10.30%).