19 February 2014
In case of a builder, at the time of filing of ST3 return builder only filed return claiming service tax which was paid at the time of finalization of service tax case. This service tax was related to land owners share which was calculated by department. But at the time of filing ST3 builder only entered payment challan and no any liability to pay adjusted at that time. this was ST3 for FY 2012-13,2nd Half year. Now we came into notice that mistake, but no any revision of ST3 is possible. Then what is possible to rectify this mistake. Can we adjust this mistake in this half year FY 2013-14, 2HY. Or any other solution is possible. Project is completed in oct.13
19 February 2014
You can not adjust it now, the only option you have is to submit the details of documents of payment of tax dues along with calculation sheet to the Superintendent of Service Tax of relevant taxpayer. And manually submit the return
19 February 2014
But we have already adjusted the payment of this ST amount and also submitted copy of challan to superintendent at the time of payment of challan & settlement of case. Now this amount reflects in cenvat credit available. So we want to adjust now this amount saying that this could not be adjusted that time by mistake and at the time of finalization of project we came into notice this mistake, so we want to adjust this amount now. If we not adjust it now then in future more liability may arise on it on original sale of flat by land owner.
CAclubindia
