Adjustment of excess amount paid, Service Tax

[Basavaraj S]

If the assessee has paid service tax on billing & not on receipt basis, can he adjust the excess payment of ST paid in the next quarter. If so, under which Rule? The assessee has not intimated the Department within 15 days neither has he filed the return.

Posts / Replies

[Surender Gupta]

Intimation to the department is procedural lapse. You may intimate the department alongwtih Return and claim the benefit of excess payment of service tax. For procedural lapse, department may initiate penalty proceedings but should not deny the substantial benefit.