Stay abreast with the latest developments in the professional domain along with in-depth analysis through the monthly BCA Journal. Get access to an engaging library of researched publications from the BCAS stable.
Learn MoreBCAJ Brieficles are short-format, web-only articles on contemporary topics of professional importance that are open-for-all to read & share.
Explore BrieficlesExplore past issues of BCA Journal & indulge in a treasure trove of high-quality professional content across format of print, videos & learning events from the BCAS stable.
Learn MoreMonthly mouth-piece of BCAS, the BCA Journal is a leading publication that has been in continuous circulation for more than 53 years. Over the years the BCAJ has become synonymous with high-quality & authentic content across fields of finance, accounting, tax & regulatory matters. The BCAJ has wide circulation across India & commands huge respect amongst the Chartered Accountants` community.
Learn MoreFor queries, collaborations, and insights to forge, Drop a line, share thoughts, inquiries galore, At BCAJ, your messages, we eagerly explore.
Learn MoreFacts:
Appellant paid excess service tax in few months and then adjusted the same against the liability arising in the subsequent period. The said adjustment was made taking resort to Rule 6 (4A) of Service Tax Rules, 1994. However, during the extant period adjustment of excess service tax was done by the Appellant under an impression that he had applied for centralised registration, however, the department contended there was no application made for centralised registration. The Department did not permit such adjustment and demanded tax as shortfall along with interest and penalty.
Held:
Having not procured centralised registration is a technical issue. The fact remained that the Appellant paid service tax in excess and this fact is not disputed by the department. Relying interalia on the following judgments, the Tribunal set aside the demand raised:
Cases referred to
? Powercell Battery India Ltd. 19 STR 400 Nirma Architects & Valuers 1 STR 305
? Agrimas Chemicals Ltd. 10 STR 424
? Bharti Cellular Ltd. 1 STR 39
? Bayer Diagnostics India Ltd. 8 STR 367