Tuesday, September 29, 2015

Service Tax e filing FAQ


What are the Returns a service tax assessee has to file?
ST-3 Return - For all the registered assessee, including Input Service Distributors, (Ref. Section 70 of Finance Act,1994 and Rule 7 of Service Tax Rules, 1994 read with Notfn.No. 14/2007-ST dated 02.04.2007).

ST-3A Return - The assessee who is making provisional assessment under rule 6(4) of the Service Tax Rules, 1994.

The Forms are available at any Stationery shop selling Govt. forms. These can also be downloaded from www.cbec.gov.in

When to file returns?
ST-3 Return is required to be filed twice in a financial year - half yearly.

Return for half year ending 30th September and 31st March are required to be filed by 25th October and 25th April, respectively.

How to file Service Tax Returns?
The details in respect of each month/ Quarter, as the case may be, of the period for which the return is filed, should be furnished in the Form ST-3, separately. The instructions for filing return are mentioned in the Form itself.

It should be accompanied by copies of all the GAR-7 Challans for payment of Service Tax during the relevant period.

Is there any provision to file a revised return?
Yes, under rule 7B of Service Tax Rules, 1994 an assessee may submit a revised return, in Form ST-3, in triplicate, to correct a mistake or omission, within a period of ninety days from the date of submission of the return under Rule 7. However, where an assessee submits a revised return the relavant date for the purpose of recovery of service tax , if any , under section 73 of the Finance Act, 1994, shall be the date of submission of such revised return.

What is e-filing of Service Tax Returns?
The e-filing is a facility for electronic filing of Service Tax Returns through the Internet.

How to file Service Tax return?
With effect from 25th August, 2011 in terms of Notfn. No. 43/2011 all Service Tax returns are to be filed electronically.

Is E-filing of Returns mandatory to all assessees?
E-filing of Returns is mandatory for all assesses as provided by Rule 7 amended by [Notification No. 43/2011-ST dated 25/08/2011].

What is the procedure for e-filing? 

  1. File an application to the jurisdictional Asst./Deputy Commissioner of ServiceTax, specifying   -> 15-digit PAN based registration number (STP Code) -> Valid e-mail address - so that the Department can send them their User ID and password to help them file their Return
  2. Log on to the Service Tax e-filing home page by typing the address http://servicetaxefiling.nic.in in  the address bar of the browser.
  3. Upon entering the Service Tax code, user ID and password, you will be permitted to access the e-filing facility.
  4. Follow the instructions given therein for filing the Returns electronically.
  5. Obtain the acknowledgement.
Is filing of return compulsory even if no taxable service provided or received or no payments received during a period (a particular half year)?
Filing of return within the prescribed time limit is compulsory, even if it may be a nil return, failing which penal action is attracted.

Whether a single Return is sufficient when an assessee provides more than one service?
A single return is sufficient because the ST-3 Return is designed to capture details of each service separately within the same return.

Is there any penalty for non-filing or delayed filing of the Returns?
If a person fails to file the ST-3 Return by the due date [25th October and 25th April every year], he shall be liable to penalty which may extend to Rs. Ten thousand rupees (Section 77 of the Act)

Mandatory Penalty for Late filing of ST-3 Return under Rule 7C of Service Tax Rules, 1994 (Section 70 of the Act)



1 comments:

  1. I DID NOT FILL MY SERVICE TAX RETURNS TILL THE FIRM IS COMMENCE FROM REGISTRATION OF SERVICE TAX ACT.
    PLEASE GIVE ME SUGGEST WHAT IS THE LIABILITY OF NON FILING OF SERVICE TAX RETURN FROM 02.02.2013. I WORKED FEW MONTH , & PAY THE ALL SERVICE TO THE GOVERNMMNET THROUGH BANK BUT I DID NOT FILL MY SERVICE TAX RETURN HALF YEARLY TTILL NOW . PLEASE GIVE ME THE BEST PATH TO SOLVE THIS PROBLEM......THANKS

    ReplyDelete

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