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service tax refund

Service Tax - Started By: - Yagnadatt Brahmakshatriya - Dated:- 23-10-2015 Last Replied Date:- 27-10-2015 - Dear All expert,My client unit audited by Central excise dept. during the course of audit , officer are advise and giving the memo for the pay .....

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e year again dept audt conduct on 01.06.2015 and issue the memo for wrong avialment of cenvat credit of RCM ( Man power Supply) saying that you are not Body corporate company but partnership firm. as per RCM notification 30/2012 dated 20.06.2012 sr.n .....

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dept. my client had file the refund case and dept rejected on the ground of limitation of time filling the claim.please giving your inputs/ guidance for file reply to dept. - Reply By ashish chaudhary - The Reply = You should indicate that payment o .....

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section 11B does not apply. In your case, as service tax is not applicable under reverse charge, erroneous payment of the same cannot be said to be payment of tax . Hence, time limit not applicable. You may refer latest judgment in case of M/s Geoji .....

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, 2012 taxable services provided or agreed to be provided by way of renting of a motor vehicle designed to carry passengers to any person who is not in the similar line of business or supply of manpower for any purpose or security services or service .....

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cated in the taxable territory. RCM is applicable only when the service provider is individual, Hindu Undivided Family or partnership firm, whether registered or not, including association of persons, located in the taxable territory and the service .....

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eed not pay service tax on RCM basis. However, you had paid the service tax as per the directions of previous audit conducted on 25.5.2014. This you have done on the basis of the direction given by the department and hence taking the credit of servic .....

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2015 you apply for the refund of credit reversed. You have to file refund claim within one year from date of reversal of the credit. - Reply By Hardik Shah - The Reply = Section 11B of Central Excise Act (as made applicable to Service Tax) provides f .....

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