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rajiw kumar sinha (chartered accountant)     03 March 2010

excess payment of service tax

My clients M/S ABC LTD. engaged in the manufacture of Plasticizers and registered with the service tax department under the category of goods transport agency. During the quarter ended 30-09-2009 and 31-12-2009 company has paid freight outward/inward amounting rs. 400000 and 850000 respectively. service tax paid @ 10% on freight amount without obtaining abatement of 75%. kindly clarify whether the excess service tax paid will be refundable or adjustable against service tax liability of subsequent quarter..



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 1 Replies

M (Advocate and Tax Consultant)     05 March 2010

Yes, you can adjust the excess payment made towards the tax liability if any or you may claim for refund.

Before that you need to submit revised returns in case the return needs to be revised to the effect,  by providing facts and the relevant supporting documents you can claim refund or adjust towards tax liability if any.

Hope the same clarifies your query 


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