I come across a Refund Claim of a Rent a cab operator. The
matter is that a Travelling Agency has provided a Rent -a –cab Service to a
Company. As per Reverse Tax mechanism introduced vide Notification 15/2012
dtd 17.3.2012, if the Service Receiver is a Company, then such Company has to pay 100% Service Tax and the
Service Provider is not required to pay any Tax.
By mistake, in the instant case, the
Service Receiver Travelling Agency has also paid Service Tax and they want
refund of the Service tax paid by them which is excess. As usual, a
professional Chartered Accountant came to the office and presented his matter
in a very informal, friendly way and with a broad smile in his face.
I questioned to myself, when a
Party has paid Service Tax by mistake, he is certainly entitled for the Refund.
It should be automatically, promptly and without any harassment. The young Professional
deputed by his Owner posses a perfect
knowledge about the law & procedure in the instant case but is still apprehensive
about the decision of the Govt Authority and the time that will be required for
the disposal of the matter taking into account the lethargy, negligence, whims
& fancies, ego, Revenue bias and in some cases lack of knowledge of the
Govt officer.
I looked into the photo of the Govt Calender “Bharat
Nirman” hung in the wall of my Hall. It is 1 O’ clock in the night. All the
gentle men, normal men & complete men has gone to their bed. Then again, I
looked into the photo of the all time Great “Swami Vivekandji” the wall paper pasted
in the Desk Top of my Computer.
I murmured to myself- “Ho raha rai Bharat ka Nirman”.
In the dead night I again murmured
“Kya ho raha hai Bharat Ka Niraman?”
Answer could not come
automatically, easily & effortlessly from my heart.
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