Payment under different account head

[Ganeshan Kalyani]

Dear Sir,

I have made payment for service tax under reverse charge. the payment for Manpower is done under code GTA. Will that be any problem during assessment, as the payment is done and compliance is completed. As i understand the service tax codes for payment are for statistical purpose for determining revenue under different services. Hence as far as the payment is made there should not be litigation. kindly through some light.

regards,

ganesh

[YAGAY andSUN]

Dear Ganesh,

It is settled legal position that if inadvertently Service Tax is deposited in wrong accounting head then, service tax would not be demanded from the Service Provider/Receiver (as the case may be) again.

Further, in Negative Tax Regime, these accounting codes are just for administrative purpose and for the purpose of statistical analysis. No need to worry. But, you should provide intimation to the jurisdictional Service Tax Department.

Please check Circular No. 165/2012-ST dated 20^th November, 2012 read with Notification No. 48/2012-ST dt. 30-11-2012 in this regard.

Regards

Team YAGAY and SUN

(Management and Indirect Taxation)

[Ganeshan Kalyani]

Thanks. But just i am stretching the point, that if any assessee fails to submit the intimation to the jurisdictional Service Tax Department then what may be the consequences during the time of assessment. kindly through some light.

[YAGAY andSUN]

Dear Ganesh,

There is no provision in law to provide such information to the jurisdictional Range Superintendent of S.T.

This is only for the purpose of safeguarding oneself in future. However, You may provide this information right now.

Regards

Team YAGAY and SUN

(Management and Indirect Tax Consultants)

AI Summary

Payment misclassification: depositing service tax under incorrect account head does not trigger additional demand; notify tax office. Depositing service tax under an incorrect accounting head is treated as an administrative/statistical misclassification and, where tax has been paid, does not ordinarily attract a new demand; notifying the jurisdictional tax office is not legally mandated but is recommended as a protective administrative measure, with administrative guidance set out in Circular No. 165/2012 ST and Notification No. 48/2012 ST.