TMI BlogService tax refund due to wrong interpretation of LawX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear Experts, We have deposited service tax due to wrong interpretation of law. Now, how can we take refund from service tax department. Please tell the procedure. Thanks Regards - Reply By KASTURI SETHI - The Reply = Sh.Ram Sharma Ji, Pl. elaborate your query. Deposit due to wrong interpretation means ST was not required to be paid as per law. There are so many case laws whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch consider such deposit as un-constitutional. On such deposits time-bar is also not applicable.You must apply for refund to the the jurisdictional A.C./DC. - Reply By MUKUND THAKKAR - The Reply = Agree with Sh. Kasturi sethiji In addition is if by forcefully during the course of audit directed by the auditor to pay. you may mention all episode clearly in your refund applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation.. - Reply By Ganeshan Kalyani - The Reply = I agree with the views of the experts. - Reply By YAGAY AND SUN - The Reply = Do not forget Section 11B to file refund claim within prescribed time limit. - Reply By RAM SHARMA - The Reply = Dear Experts, One of our consignment agent located in non taxable territory Jammu Kashmir. He is selling our goods on commission basis and we a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re paying service tax under reverse charge not 30/2012-st from Non Taxable territory to Taxable territory. Now, audit department has raised the query that under not 14/2014-st place of provision of services has been shift from taxable territory to non taxable territory by including the term supply of goods in this notification. Hence you are not liable to pay service tax under reverse charge a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd cenvat thereon. They said that you will have to reverse cenvat credit and will go to department for refund. Please clarify. Thanks Regards - Reply By Rajagopalan Ranganathan - The Reply = Sir, In my opinion the Department's view is correct. You can pay service tax on reverse charge mechanism and avail the credit of the same only when you receive service from service provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in non-taxable territory (import of service). In your case the service provider in non-taxable territory provided service to you, namely selling of your goods on commission basis. In this case you need not discharge service tax on reverse charge mechanism and you cannot take the credit. You have paid service tax wrongly and the proper way is to claim the refund of the same. - Reply By Ganesh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an Kalyani - The Reply = Revenue neutral to the government. - Reply By YAGAY AND SUN - The Reply = For Government Taxes can't be revenue neutral, its only for assessee, tax payers and service providers etc. - Service tax refund due to wrong interpretation of Law - Query Started By: - RAM SHARMA Dated:- 17-2-2017 Service Tax - Got 8 Replies - Service Tax - Discussion Forum - Knowledge Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aring, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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