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REFUND OR ADJUSTMENT OF SERVICE TAX ??

Service Tax - Started By: - abbas mukhi - Dated:- 2-3-2016 Last Replied Date:- 9-3-2016 - Dear Experts,We have raised invoice to one party during the current year with service tax @ 12.36 and deposit the service tax on due basis.However we not received any amount from party.Party was not agree with our claims and made court case.Now as per settlement we have waived off 50% of our dues and party remitted 50% amount with service tax @14.5%We have already deposited 12.36 % Service Tax on our 100% d .....

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ust be provided to another person for consideration. Here the element of 'consideration' is partly absent. You will have to produce documentary evidence in support of your submission/refund claim that billed amount has not been received and will not be received.The following docs will be relevant: 1. Copy of contract 2. Copy of invoice 3. Court order 4. Settlement proof etc. Otherwise also when valuation dispute or other technicality is involved, self adjustment is not allowed. Rule 6 (4 .....

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u was ₹ 100) on ₹ 100 @ of 12.36%. later on because of some reasons service recipient decided to not you pay you full ₹ 100 along with service tax @ 12.36%. So after settlement he decided you pay you 50% of the value of service provided by you plus service tax on the rate of 14.5%. to me is appears a case of renegotiating of value of service covered under Rule 6(3) of the ST Rules, 1994. as per Rule 6(3) you can take the credit of tax paid in excess by you. Let me explain this .....

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determined by you. in other words he will pay you Rs. plus 12.36% of ₹ 50. it becomes around 56.18. now you have already paid tax of ₹ 12.36 where as you have inactual provided services of worth 50 only and hence tax payable is rs. 6.18 only. what will happen you rs. 6.18 which you have already paid in excess. this 6.18 Rs. which you have already paid in excess, as per Rule 6(3) assessee can take the credit of such excess service tax paid. i suppose in your case, service provider ha .....

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