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Service Tax Adjustment

Sudhir (Service) (28 Points)

09 September 2009

Dear Friends,

Need some clarification on Advance Service Tax payment;

i have paid service tax on 2nd Sep 08 and there is no taxable income in both half year i.e Apr 08 to Sep 08 and Oct 08 to Mar 09.

Now the One year has expired ( refund claming period) on 1st Sep 09.

Can i adjust the advance service tax amount in 1st half year of 09-10 i.e apr 09 to Sep 09.

Thanks,

Sudhir

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EKALABYA TALUKDAR (SERVICE TAX CONSULTANT) (666 Points)
Replied 10 September 2009

Originally posted by :Sudhir
"	Dear Friends, Need some clarification on Advance Service Tax payment; i have paid service tax on 2nd Sep 08 and there is no taxable income in both half year i.e Apr 08 to Sep 08 and Oct 08 to Mar 09. Now the One year has expired ( refund claming period) on 1st Sep 09. Can i adjust the advance service tax amount in 1st half year of 09-10 i.e apr 09 to Sep 09. Thanks, Sudhir	"

You have paid Advance Service Tax as you received advance from the Party and submitted the ST 3 Return mentioning the same . Presume: at that time the Work was not completed so you can not make any Bill to the Party. Now you have completed the job and you got the final figure of the Service Tax. Now you can pay the balance Service Tax or Claim the excess payment to Service Tax Authority.