a parnership firm(export oriented) on which RCM is not applicable for a paricular service , has wrongly deposited service tax under RCM, because of he cannot claim input, he want to now refund for such amount, please decribe the process for such refund
1 Replies
C.V.R.SARMA
(SERVICE)
(90 Points)
Replied 02 February 2013
Let them file a refund claim under the provisions of Sec 11B of the Central Excise Act, 1944 read with Sec 83 of the Finance Act, 1994. Time limit is 1 year from the date of payment. There is a provison to adjust the excess paid service tax to the subsequent liability in terms of Rule 4B of Service Tax Rules,1994, provided the conditions specified therein are to be satisfied.
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