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Refund of service tax and issue of invoice with gst terms

SreejithMadampath m

Dear Sir,

We have raised invoice and given to customer in december 2016, but due to few disputes,customer did not paid the amount that time and but we already paid to service tax to government. Now customer is ready to pay,but they are asking for new invoice with gst terms.

If we cancel the old invoice,whether government will refund our service tax? and if yes,what is the procedure for the same.

Business Faces Slim Chances of Service Tax Refund; Advised to Issue Revised GST Invoice and Adjust Amount A business raised an invoice in December 2016 and paid the service tax, but the customer delayed payment due to disputes. Now, the customer requests a new invoice with GST terms. The business inquires about canceling the old invoice and obtaining a service tax refund. Responses suggest that chances of a refund are slim, and it may be unnecessary to cancel the invoice. One reply advises issuing a revised GST invoice and adjusting the amount, but emphasizes the low likelihood of a refund since the service was completed before the GST regime. (AI Summary)
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KASTURI SETHI on Oct 3, 2017

Practically chances are dim.

SreejithMadampath m on Oct 3, 2017

Please clarify sir

KASTURI SETHI on Oct 3, 2017

Avoid this move. It is in your Interest. Such step is not required. Do not adopt zigzag path.

path.

Ganeshan Kalyani on Oct 3, 2017

I agree with the views of Sri Kasturi Sir.

DR.MARIAPPAN GOVINDARAJAN on Oct 3, 2017

If it is in the service tax regime you may cancel the earlier bill and adjust the said amount in the present payment.

You may issue revised bill in GST as requested by the customer.

You may get the refund of service tax earlier you paid to the department with details and documentary evidence but as said by Shri Sethi, the chances are dim.

Himansu Sekhar on Oct 3, 2017

No , refund is allowable. The point of taxation is the completion of service. Since the service is completed before the appointed dates, service tax has been rightly paid by you.

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