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Adjustment of excess amount paid, Service Tax

Issue Id: - 2679
Dated: 22-1-2011
By:- Basavaraj S
Adjustment of excess amount paid

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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.

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Showing Replies 1 to 1 of 1 Records

1 Dated: 27-7-2011
By:- 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.


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