27 August 2010
Sir, what is procedure of claiming refund in service tax if excess payment made
eg. Rs. 100,000/- deposited in feb, 2010 and return filed april 2010 but not claim refund. but now it was found that there is excess payment made of Rs. 100,000.00 now what is procedure to rectifying and claiming refund of Rs. 100,000/- since now return can't be revised because 90 days time period has been lapse
27 August 2010
There is no provision for submission of revised return after 90 days. In such cases, if assessee finds that he has made some mistake, he should pay the amount by GAR-7 challan and inform department suitably. If he has paid excess amount by mistake, he is required to file refund claim. He cannot adjust excess payment on his own, except in cases where it has been specifically permitted. If he has not taken Cenvat credit of certain inputs, input services or capital goods, he can avail it in subsequent period, since there is no time limit for availing Cenvat credit. This will be reflected in his return for that subsequent period, as in normal course
For Refund you can claim by filling Form R in tripllicate form which under section 11B, central excise act, 1944 Finance Act, 1994
27 August 2010
Revised return need to be filed with in 90 days, if more than 90 days the return will not accpted by manuallay and electronically.
Previously, One of my client had also the same problem. We meet the department and asked for the same,the department PRO, it was guided the challan will be adjusted for further serivice tax payments, but for this no proper provisions, I suggest you better meet your Joint commissioner for getting solutions
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