Deposit of service tax under another s.tax registration no

[kamal chordia]

Dear Sir

If any company have 2 service tax registraion no i.e one for plant and another for Head office (ISD).

Now the Service tax on Head office is deposited under the registratioj no of Plant.

What Procedure follow to rectify the same.

One method is to take wrong deposit in advance and again deposit the amount under correct s.tax reg. no.

What is the  another way to short out this mistake.

Is there is any penal provision.

Thanks & regards

Kamal

[YAGAY andSUN]

Inter-company adjustment is not allowed in the service tax provisions.  Though you may file a refund claim in one company and deposit the service tax in other company but within prescribed time limit.

[sukhvinder singh]

^{is there any posiblity That  ISD can deposit the service tax amount , and in return where he show to that amount}

[kamal chordia]

Dear Sir

 

Please note that it is not inter company transction, actually plant of any company at x location and having s.tax regisstion no 01  etc similarly its head office t location y and having s. tax registraion of ISD i.e. 02.

In present case service tax of head office (ISD) deposited in Plant service tax registration no.

So how to rectify this mistake as per law or there any penal provision also..

 

[YAGAY andSUN]

As stated earlier, you would have to seek refund in one case and deposition of tax in other case as ISD don't pay the service tax and don't avail the CENVAT credit, they just pass on the CENVAT credit.

AI Summary

Service tax registration error: claim refund from incorrect registration and deposit under correct registration within prescribed time limit. Erroneous deposit of service tax for an ISD head office under a plant registration cannot be corrected by inter-company adjustment. The correct procedure is to claim a refund under the incorrect registration and make the deposit under the proper registration, observing prescribed time limits. ISD accounting rules (pass-through of CENVAT credit rather than tax payment) must be respected; no specific penal provision is identified in the correspondence.