Refund of Excess service tax paid

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..... Dear All, Need your view below mentioned issues: A Company had received advance of ₹ 10,00,000/- in May 2017 (in Pre GST regime) from a customer and paid service tax of Rs. 130,344/- on the same at the time of receipt of the such Advance. The Company has rendered service to its customer in the month of May 2018 (post GST regime) and raised invoice of ₹ 20,00,000/- alongwith GS .....

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..... T of ₹ 360,000/-. The company has also deposited GST of ₹ 360,000/- to Govt of India without adjusting service tax of ₹ 130,344/- paid earlier. With the above background, I have below mentioned queries What will be the fate of service tax of ₹ 130,344/- paid by the company in pre GST regime? b. Whether the Company can file refund claim from service tax/GST d .....

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..... epartment? - Reply By KASTURI SETHI - The Reply = Dear Querist, Yes. You are entitled to refund . Here the question arises whether you have paid Service Tax or GST in excess. As per Point of Taxation Rules in pre-GST era, the date of taking the advance was point of taxation. You rightly complied with Service Tax law at tha .....

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..... t time. This issue has to be examined keeping in view the nature of service and also in the light of atest clarification of the Board. Board has issued Clarification on this issue which has to be searched. - Reply By DR.MARIAPPAN GOVINDARAJAN - The Reply = You can get refund under service tax provisions within the limitation period - Reply By YAGAY and SUN - The Reply = We endorse the views o .....

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..... f experts. - Reply By Ganeshan Kalyani - The Reply = I agree with Sri Kasturi Sir's view. - Refund of Excess service tax paid - Query Started By: - Prakash Gupta Dated:- 11-5-2018 Service Tax - Got 4 Replies - Service Tax - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - .....

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..... TMI - TaxTMI - TMITax .....

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