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PROVSIONAL ASSESSMENT UNDER SERVICE TAX PROVISIONS

Service Tax - By: - Mr. M. GOVINDARAJAN - Dated:- 16-6-2015 - With effect from the year 2001 the service tax is payable on self assessment basis. The assessee is to ascertain the tax payable by him and pay the tax and file the return within the time and in the manner prescribed in the rules. If the assessee fails to file return under Section 70, the , the Central Excise Officer, may require the person to produce such accounts, documents or other evidence as he may deem necessary and after taking .....

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ual amount payable for any particular month or quarter, as the case may be, he may make a request in writing to the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, giving reasons for payment of service tax on provisional basis and the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be, on receipt of such request, may allow payment of service tax on provisional basis on such value of .....

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in Form ST-3A accompanying the quarterly or half yearly return, as the case may be. Rule 6(6) provides that Where the assessee submits a memorandum in Form ST-3A under rule 6(5), it shall be lawful of the Assistant Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as the case may be to complete the assessment, wherever he deems it necessary, after calling such further documents or records as he may consider necessary and proper in the circumstances of the case. Thus af .....

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, AHMEDABAD the appellants refunded brokerage with service tax but filed with refund claim with the department beyond one year. This has happened because the refund is made on the basis of reaching a specific amount of turnover over a period whereas the required claim is for the period in which service tax was paid. In such a system the refund claim cannot be submitted earlier as rightly pointed out by the appellants. However the appellants failed to utilize the provisions of the law which provi .....

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ment subject to the following conditions: The assessee was required to deposit a sum of ₹ 4.5 crore provisionally on a monthly basis; The assessee was required to work out the amount payable for the previous month by the due date of next deposit; if the amount has been paid in excess, the same may be adjusted towards the monthly deposit of ₹ 4.5 crores; In case there is a short payment for a particular month the same shall be paid along with interest; The appellant .....

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