During the year 2014-15 Works contract advance receipt and bills both shown in the return and paid ST thereon. But party paid the payment after adjusted the advance. The mistake found only at the time of audit. I want to know that can it adjust 2015-16 first half return ?
excess income shown in the return during the year 2014-15
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Adjustment of excess service tax payments allowed against the succeeding period, subject to limited conditions preventing legal-dispute adjustments.
A taxpayer paid service tax on both advance receipts and bills for a works contract, later discovered on audit when the advance was adjusted. Excess service tax payments may be adjusted against the succeeding period's liability, but only where the excess arises for reasons not involving interpretation of law, taxability, classification, valuation or the applicability of any exemption notification. (AI Summary)
A taxpayer paid service tax on both advance receipts and bills for a works contract, later discovered on audit when the advance was adjusted. Excess service tax payments may be adjusted against the succeeding period's liability, but only where the excess arises for reasons not involving interpretation of law, taxability, classification, valuation or the applicability of any exemption notification. (AI Summary)
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