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2013 (2) TMI 585 - AT - Service TaxDemand of service tax of Rs. 9,90,555/- - denial of request to adjust the excess paid amount of Rs. 8,85,841/- for the period 16.07.2001 to 30.09.2002 for the demand payable for the period October 2002 to March 2003 - Held that - As per Rule 6(3) of Service Tax Rules, 1994 adjustment of excess payment is allowed for subsequent demands. Therefore, the excess amount paid by assessee shall be adjusted against the impugned demand. The applicant is directed to pre-deposit the balance amount within four weeks from today. Compliance is to be reported on 08.01.2013.
The stay application was filed against a service tax demand of Rs. 9,90,555/-. The applicant had overpaid Rs. 8,85,841/- for a previous period and requested to adjust it against the current demand. The Tribunal allowed the adjustment as per Rule 6(3) of Service Tax Rules, 1994. The applicant was directed to pre-deposit the balance amount within four weeks, and penalties were stayed during the appeal. Compliance was to be reported by 08.01.2013.
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