01 July 2010
My client was eligible for SSI exemption that the gross turnover for the preceeding PY not exceeded Rs. 10 Lac. But client had paid Service tax on all invoice and he has taken the credit too ignorance of this exemption. Can he claim for refund?
01 July 2010
Your client was eligible, but not opted for Exemption Benefit.
Unknowingly he Paid Service Tax and also had taken Input Service tax.
If you want to revert these, then you need to file Revised Return within 90 days from the date of filling Service Tax return and can claim the exemption and accordingly claim the refund by showing all the documentary evidence to the Satisfation of AC/ DC.
But simply saying it is a tedius process to get back the money from Deptt. So its better you avail the SSI benefit next year on the basis of Current years performance and try to divert the receipt to the next year when you are supposed to get the benefit.
CAclubindia
