Friends,
The Last date to file Service Tax Return for the Year ending 31st March 2011 is 25th of April 2011. Service tax returns, unlike income tax return is required to be filed twice a year. Here are the some frequently asked questions about Service Tax :-
1. What are the Returns a service tax assessee has to file?
* As per Section 70 of Finance Act,1994 and Rule 7 of Service Tax Rules, 1994 ,registered assessee, including Input Service Distributors should file return in ST-3 .
* The assessee who is making provisional assessment under rule 6(4) of the Service Tax Rules, 1994. -ST-3A Return
2. 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.
3. 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.
It should be accompanied by copies of all the GAR-7 Challans for payment of Service Tax during the relevant period.
4. Where to file return?
ST-3 or ST-3A is filed in triplicate to the Superintendent of Central Excise/Service Tax with whom the assessee has registered himself. [Section 70 of the Finance Act, 1994]. Returns can also be filed electronically.
5. What is the procedure for e-filing?
(i) File an application to the jurisdictional Asst./Deputy Commissioner of Service Tax, specifying – -15-digit PAN based registration number (STP Code) -
(ii) Create a Valid e-mail address from anywhere-yahoo,gmail or any one -so that the Department can send them their User ID and password to help them file their Return.
(iii) 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.
(iv) Upon entering the Service Tax code, user ID and password, you will be permitted to access the e-filing facility.
(v) Follow the instructions given therein for filing the Returns electronically.
(vi) Obtain the acknowledgement.
6. Is E-filing of Returns mandatory?
E-filing of Returns is mandatory for any assessee who has paid Service tax of rupees ten lakhs or more including the amount paid by utilization of CENVAT credit, in the preceding financial year shall file return by electronically as provided by Rule 7(2) [Notification No. 01/2010-ST dated 19/02/2010].
7 . 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 ‘relevant 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.
8. 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.
9 . Whether a single Return is sufficient when an assessee provides more than one service?
Yes, because ST-3 Return is designed to capture details of each service separately within the same return. So, a service provider should fill up all different services given during the period
10 . Is there any penalty for non-filing or delayed filing of the Returns?
As per Section 77 of the Finance Act 1994 ,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. Five thousand rupees
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