Tds refund

This query is : Resolved

Harsh Mathur (Querist)
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01 April 2015 Hello Experts..
My uncle is running a consultancy firm. He has turnover of less than 10 lacs or even 4 lacs. Recently he raised a bill of 1 lacs and charge sercice tax accordingly.
Service receiver on the other hand deducted TDS while making payment (state government).
As my uncle has no service tax liability i suggested him to file service tax return and claim TDS refund or he has to claim TDS refund in his ITR (as no tax is payable).
Please let me know, the action that i suggested him is correct or not. Also suggest if some other action is posiable or correct action.