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Q. > Please Help: Service Tax Recovery
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366 views • Question added Apr 19, 2012 • Service Tax • By Mayank , CA , Delhi


Dear Professional Colleagues,
I am having query regarding service tax. My company has not taken service tax registration under service tax till feb 2012 end but it was liable to pay service tax. Company has taken registration only in the month of march 2012 and has paid service on his service tax liability for whole year.
Now company wants to recover service tax from client but clients are refusing to pay service tax since as per clients company was not registered for service tax till feb whereas services were provided before taking service tax registration( Suppose services were provided in Jan 2012 month).
Give your opinions friends what company has to do whether it can recover service tax from clients or not and what company has to do now.

Thanks & Regards
Mayank

2 Answers

answered Apr 20, 2012 by CA VIPIN GARG , New Delhi

Dear Mayank, In the above case the mistake is clearly on the part of your client, Now the question arises that your client has paid the service tax amount for the whole year but how he has considered the same means in service tax payments does he considered the liablity of previous months and he paid the same with interest or does he just paid the amount of service tax by showing the whole billing/receipts in the month of march ????????

If your client has just paid the amount of service tax only i.e. without interest then there is a hope that your client can recover the amount of service tax from the parties whom he had billed..... Then he can change the bills date with the consent of the parties as march months bill and then the parties will have no loss as they can claim the amount as cenvat/service tax input credit.......


Hope you got the answer you were looking for and i m also looking for your reply on that, have a nice day................


answered Apr 21, 2012 by Mrattunjay , New Delhi

Some notification had already announced for the same, please refer the same at service tax site / Excise Notification or at CA Sansaar portal in file section


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