Please Help: adjustment or refund of service tax paidunder wrong code
Posted Date : 12-Oct-2015 , 05:04:05 pm | Posted By: Vivas Koirala
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Service Tax | Answers :
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I am a service providerunder the head service tax on rental immovable propertyand depositing service tax under the code 00440406;wrongly service tax has been deposited under code 00440262 through over sight. whether the amount so wrongly paid be adjusted in the return against service tax due under code 00440406 ; if this wrong payment along with other amount paid under code 0044040; exceed the total service tax due for the half year ending 30th sept. 2015;what is the procedure to claim refund ; please guide. If however seperate refund application is to be file to claim refund for payment wrongly made under code 00440262 then what would be the procedure ? please guide |
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| Posted By : Rajumar Juneja |
14-Oct-2015, 11:56:26 |
| t is clarified that presently there is no system available whereby service tax paid into a wrong service tax code can be transferred to correct service tax code. However, the following legal remedies are available to the assessee to rectify their mistakes. . a) As per Rule 6(4A) of the Service Tax Rules, 1994, service tax amount paid wrongly, can be adjusted against liability for succeeding month/quarter, as the case may be. . b) In case, facility (a) cannot be availed, the assessee may file a refund application u/s 11B of the Central Excise Act, 1944, for the amount wrongly paid within the time limit prescribed under law. . It is clarified that, in spite of availing the above mentioned remedy, the assessee is also required to make service tax payment under correct service tax code. Any delay in making service tax payment may attract interest as per provisions of the service tax law.
Relevant extracts from Trade Notice No. 21/13-14-ST-I, dated 11.03.2014, issued by Service Tax-I Mumbai Commissionerate.
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