Excess service tax collected and paid?

Querist : Anonymous (Querist) 15 September 2011 This query is : Resolved

Excess service tax is collected and deposited to goverment. Now client wants that excess payment back. What is the remedy? Also note , the client himself does not provide any taxable service.

Further how long this adjustment can be made?

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R.Ramachandran (Expert) 16 September 2011
Facts are not clear.

prabhakar singh (Expert) 16 September 2011
state further to make things intelligible.

Guest (Expert) 16 September 2011
You are liable to refund excess receipt of service tax, as client has not to go to the tax authorities to claim refund.

You, as the assessee, may have to apply for refund wherever you have paid the service tax more than the tax assessed or payable. Such refund can be made in accordance with the provisions of Section 11B of Central Excise Act, 1994 as made applicable to Service Tax by virtue of Section 83 of the Finance Act, 1994. The Asstt./ Dy.Commissioner of the jurisdictional division office is the authority to whom the claim for refund is to be filed and is also the sanctioning authority.

Shastri J.K. (Expert) 16 September 2011
I agree with mr.PS Dhingra,

girish shringi (Expert) 17 September 2011
I will go with Mr.Dhingra.

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