Re-credit of service tax where ST has been paid on receipt of advance or on accrual basis and where such amount is refunded or services are not provided
Service Tax Practice Manual / Ready Reckoner
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Re-credit of service tax on advances and accruals allowed where payment is refunded or credit note issued. Where service tax has been paid on advances or on an accrual basis but the service is not provided, is partially provided, or the invoice amount is renegotiated, Rule 6(3) permits the assessee to claim credit for the excess tax and adjust it against subsequent liability provided the payment is refunded or a credit note is issued for the unperformed or deficient service. The rule gains importance in conjunction with the Point of Taxation Rules affecting timing of liability.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Re-credit of service tax on advances and accruals allowed where payment is refunded or credit note issued.
Where service tax has been paid on advances or on an accrual basis but the service is not provided, is partially provided, or the invoice amount is renegotiated, Rule 6(3) permits the assessee to claim credit for the excess tax and adjust it against subsequent liability provided the payment is refunded or a credit note is issued for the unperformed or deficient service. The rule gains importance in conjunction with the Point of Taxation Rules affecting timing of liability.
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