2008 (2) TMI 77 - AT - Service Tax

Assessee claimed adjustment of the tax paid in excess revenue is contending that excess payment, if any, could be refunded to the appellant, but it cannot claim adjustment, hence Rule 6(3) is not applicable - outstanding demand against the appellant is Rs. 76,825 - stay of demand will not result in Revenue loss - so pre-deposit of the amount is dispensed

Summary

The appeal was about Service Tax for May-September 2005. Appellant claimed excess payment in April 2005 could be adjusted. Revenue argued excess payment could be refunded, not adjusted. Outstanding demand was Rs. 76,825, and pre-deposit was dispensed with. Decision made on February 15, 2008.