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Issue ID :

Adjustment of R & D Cess

Pawan Kumar

Sir,

I have imported tech. from aboard for ₹ 2.5 Cr, on which i have deposited RandD cess @ 5% i.e. ₹ 12,50000/-, Now i have to pay balance service tax amt ₹ 18,40,000/- ie.(12.36% -5%) as part of Service tax. But problem is that, when i filling ST return, details as under,

Gross Amt : 2,50,00,000

ST Amt @ 12% : 30,00,000

Less RandD Cess paid : 12,50,000

Net Service Tax payable : 17,50,000

Educ. Cess 2% : 35,000/-(auto calculated)

SHE Cess 1% : 17,500/-(auto calculated)

My queries, shall I pay ₹ 18,02,500/-(Rs 17,50,000 + 35000+17500) or ₹ 18,40,000/-

If I pay ₹ 18,40,000/- then how can I adjust the amount in ST-3 Return.

Please advice me.

Clarification sought on service tax calculation and adjustment after paying 5% R&D cess on imported technology. An individual inquired about the correct calculation and adjustment of service tax after paying a 5% R&D cess on imported technology valued at 2.5 crore. They calculated a net service tax payable of 17,50,000, with additional education and SHE cess totaling 52,500, leading to a total of 18,02,500. They were uncertain whether to pay this amount or 18,40,000 and how to adjust it in the ST-3 return. A consulting firm advised that any excess payment could be shown as advance paid and adjusted in the subsequent period. (AI Summary)
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