Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Law/2014-15/2335

Whether the excess of Service Tax paid be adjusted with Future Payments?
 

Case:- B4U TELEVISION NETWORK (I) P. LTD. Versus COMMR. OF SERVICE TAX, MUMBAI

Citation:- 2014 (35) S.T.R. 88 (Tri. - Mumbai)

Brief fact:- The brief facts of the case are that the appellant paid Service Tax during the period 2001 and 2002 to the tune of 14,62,774/- of their own. However, they were required to pay Service Tax for the said period of only 4,76,933/-. In the result, they paid excess Service Tax of  9,85,841/-. The excess paid Service Tax has been adjusted by the appellant for the payments of Service Tax of service provided during the period October, 2002 to March, 2003. The Revenue is of the view that the excess Service Tax paid by the appellant for the earlier period can-not be adjusted for the future payments, therefore, letter dated 9-3-2004 was is-sued to them after scrutinizing the Service Tax returns wherein a query was raised that for the period ending March, 2003 they have short paid the Service Tax, therefore they are required to pay Service Tax short paid and the adjustment of past payments is not permissible.

The said letter was replied by the appellant that they are entitled to adjust the said payment under Rule 6(3) of the Service Tax Rules, 1994. Thereafter a show cause notice was issued demanding the Service Tax short paid by them and accordingly, the impugned order has been passed. Aggrieved from the same, the appellant is before me.

Appellant’s contention:- It is the contention of the appellant that it is not in dispute that they have paid excess Service Tax during the period 2001 to 2002 and the said amount has been adjusted by the appellant for the demands of Service Tax payable in the period October, 2002 to March, 2003 and the same has been intimated to the de-partment. As appellant has not collected any Service Tax from the clients for providing the service from 2001 to 2002, therefore they have complied with the provisions of        Rule 6(3) of the Service Tax Rules, 1994. Therefore, they are entitled to adjust the excess payment of Service Tax against the future Service Tax liability. To support this contention, they relied on the following decisions :

(1) Sentinel Security (P) Ltd. pool (134) E.L.T. 806 (T) = 2006
(2) S.T.R. 520 MI (2) Narnolia Securities P. Ltd. 12008 (10) S.T.R. 619 (T) I
(3) Nirma Architects & Valuers 12006 (1) S.T.R. 305 MI.
 

Respondent’s contention:-On the other hand, Id. AR strongly opposed the contention of the Id. counsel and submits that the case of the appellant is not covered by Rule 6(3) of the Service Tax Rules, 1944. If they have paid excess Service Tax in the earlier period, they could have filed the refund claim for the excess payments and both the lower authorities have rightly demanded from them the short payment of Service Tax in the impugned order.

 
 

Reasoning of judgment:-In this case, the assessment took place for the period 2001 - 2002 and it was held by the Adjudicating Authority that the appellant has paid excess amount of Service Tax of 9,85,841/- on 11-5-2003. The appellant has adjusted the said amount of excess payment of Service Tax for the period October, 2002 to March, 2003 for the Service Tax liability. The appellant has not collected the ex-cess Service Tax from their clients for the period 2001 to 2002. These facts are not in dispute. In the light of these facts, The Honourable Judge had examined the provisions of Rule 6(3) of the Service Tax Rules, 1994 are applicable to the facts of the case or not. The provisions of Rule 6(3) of the Service Tax Rules, 1994 are reproduced hereunder :-

"(3) Where an assessee has paid to the credit of Central Government Service Tax in respect of a taxable service, which is not so provided by him either wholly or partially for any reason, the assessee may adjust the excess Service Tax so paid by him (calculated on a pro rata basis) against his Service Tax liability for the subsequent period, if the assessee has refunded the value of taxable service and the Service Tax thereon to the person from whom it was received."

A plain reading of the said provisions shows that if the assessee has paid Service Tax during the particular period for which they have not provided the service to the client and the said Service Tax paid to the department has been either refunded to the client or not collected, in that situation, the excess payment of Service Tax can be adjusted for future payments.

With these observations, the contention of the Id. AR that if they have paid excess Service Tax for the earlier period, they have to file refund claim is not acceptable in the light of the judgment in the case of Nirma Architects & Valuers (supra), wherein this Tribunal held that if adjustment of excess Service Tax is not allowed for future payments, the provisions of Rule 6(3) ibid shall become otiose and non-implementable. As the fact that excess payment is not in dispute and same has been adjusted for the future liability of Service Tax by the appellant, therefore, to pay Service Tax is only an exercise which created hurdle in the smooth functioning of imposition and collection, as held by the Tribunal. Therefore, the adjustment can be allowed.

In these circumstances, The Honourable Judge allowed the adjustment of excess Service Tax paid by the appellant during the period 2001 to 2002 for the Service Tax liability to October, 2002 to March, 2003. In the light of these observations, the matter is remanded back to the Adjudicating Authority to make the adjustment of the demand for the period October, 2002 to March, 2003 with the excess payments for the period 2001.02 and pass appropriate order of assessment in accordance with law.

 

Decision:- Appeal allowed

 

Comment:-

Thecrux of the case is that the assessee has paid Service Tax during the particular period for which they have not provided the service to the client and the said Service Tax paid to the department has been either refunded to the client or not collected. In that situation, the excess payment of Service Tax can be adjusted for future payments.
 

Prepared by :-Meet Jain

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com