False claim of service tax
Rucha Pawar
(Querist) 26 January 2016
This query is : Resolved
Dear Sir(s),
we are a company, For one award Ceremony we paid participation fees plus service tax, which was not due, the Organizer collected service tax amount from us, without having any valid registration for the same, now only they realize after one and half year , and when we claimed the amount paid as service tax, not due , they are giving several excuses for non -payment and avoiding it, we have sent a notice to recover it, under IPC 420,
Do we have other option also to recover our amount, like intimate to Commissioner of Central Excise and Service Tax with the evidence for proper legal action, we have only account entry for the payment, they have not issued us invoice, in spite of demanding several times.
We have email correspondence for the same .
Kindly help us
Suhail A.Siddiqui
(Expert) 27 January 2016
Unauthorized/without Service Tax Registration, collection of Service Tax is an office further more not deposited into Service Tax department is an offence. To prove it their tariff voucher and payment record(bank Statement)is sufficient.
Rucha Pawar
(Querist) 27 January 2016
Thanks a lot sir, for your reply...
Further kindly let me know the offense falls into the service tax Act or Finance Act and under which section , as i have searched a lot for the same in service tax act.
Rajendra K Goyal
(Expert) 28 January 2016
Being a company, discuss with your service tax consultant.
