ST Collected

This query is : Resolved

CA Suresh Choudhary (Querist)
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08 May 2009 One of my client have collected Service tax on rent of immovable property in the month of April 09 after the high court order, which he was not suppose to do because the DH has held rent on commercial immovable property unconstitutional.

Now he asked me should he deposit that ST to government or refund back to the party.

In my opinion:
The service tax collected should be deposited to the govt within due date and henceforth he should not collect ST from the party unless and until Supreme Court gives contradictory order to DHC.

Am I Correct?

CA MEENAKSHI MANGLA

CA MEENAKSHI MANGLA (Expert)
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08 May 2009 I THINK YOU CLIENT SHOULD COLLECT TAX FROM PARTY AND DEPOSIT S.T. WITHIN TIME. RESON BEING IF SC JUDGEMENT NOT IN FAVOUR OF H.C. DECISION THEN YOUR CLIENT HAVE TO SUBMIT TAX FROM ITS POCKET WITH PENALTY. SO I IS BETTER TO COLLECT AND DEPOSIT FURTHER.

Shyam Lal Naik

Shyam Lal Naik (Expert)
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08 May 2009 To suppliment, your client should continue collecting ST.

How ever, the tax should be deposited under protest. Your client must write a letter to the jurisdictional superintendent that the tax is being paid under protest and if it is ultimately held to be un constitutional, the same should be refundable.

Government will leave no stone un-turned to bring the back within the tax net. It will even go to the extent of retrospective amendement.

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