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of <h1>Adjustment of Excess Payment Against Outstanding Tax Demand Allowed</h1> The court held that the excess payment made in April 2005 could be adjusted against the outstanding demand for Service Tax from May-September 2005. The ... Assessee claimed adjustment of the tax paid in excess – revenue is contending that excess payment, if any, could be refunded to the appellant, but it cannot claim adjustment, hence Rule 6(3) is not applicable - outstanding demand against the appellant is Rs. 76,825 - stay of demand will not result in Revenue loss - so pre-deposit of the amount is dispensed The appeal was about Service Tax for May-September 2005. Appellant claimed excess payment in April 2005 could be adjusted. Revenue argued excess payment could be refunded, not adjusted. Outstanding demand was Rs. 76,825, and pre-deposit was dispensed with. Decision made on February 15, 2008.
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