Service tax
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Service Tax. Prepared By :- Arvind Kumar Bochiwal. THE AREAS OF INTEREST (link). Administration of Service Tax Registration Centralized registration Refunds/Rebates ST3 Returns – filling & filing Audit Anti-evasion– DGCEI & Commissionerate Interpretations/ Clarifications.

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Service Tax

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Service tax

Service Tax

Prepared By :-

ArvindKumar Bochiwal


The areas of interest link

THE AREAS OF INTEREST (link)

  • Administration of Service Tax

  • Registration

  • Centralized registration

  • Refunds/Rebates

  • ST3 Returns – filling & filing

  • Audit

  • Anti-evasion– DGCEI & Commissionerate

  • Interpretations/ Clarifications


Service tax

ADMINISTRATION OF SERVICE TAX


Registration

Registration

  • DOCUMENTS REQUIRED

    • ST1- Properly filled

    • PAN Number proof

    • Proof of address:

      • Office to be registered

        • Utility bills - telephones, electricity

        • rent/lease deed along with NOC from landlord

        • Any other document which proves the address

      • Residence of Director/Partner/Proprietor

        • Driving license, Passport, utility bills

    • Power of attorney

    • Documentary proof in case of specific services eg Stock Brokers, Forward Contract service, CA etc.

    • Memorandum/Articles of Association/ Partnership deed


Registration some pointers

Registration – Some Pointers

  • One registration for all services provided or received

  • Centralized receipt of ST1 in divisions

  • Only complete forms are accepted – Deficiency memos in all other cases.

  • Registration is being granted within 7 days and delivered to your address by speed post

  • Application for Registration & returns are being accepted by 22 Post offices in Delhi only (pilot project) – on payment of Rs 100/-


Centralized registration

Centralized Registration

  • Proper Documentation as per TN

  • Lead Time as verification at Division, Commissionerate and DGST level

  • Service Receivers

  • Proper filing of ST1 - is considered a fresh registration

  • Payment, Returns & Audit

  • Cenvat Utilization – Transfer to manufacturing Units


Refund rebate procedure

Refund/Rebate Procedure

  • Rebate:

    • Declaration to be filed as per Not 12/2005-ST

    • Declaration to be timely & proper containing the details mentioned

    • Rebate to be filed along with proper documents – original invoices & BRC must

    • Eligibility of inputs/input services for rebate

  • Refund:

    • Bank Realization Certificate

    • Proof of duty payment – invoice & Record for accumulation and utilization of credit

    • Eligibility of input/input service for refund

    • Details of Export and total turnover


St3 return filling filing

ST3 Return – filling & filing

  • Value:

    • Billed:

      • Gross

      • Exempt Services

      • Exported Service

      • Net on which tax is to be paid

    • Abatement Claimed

  • Amount Received:

    • taxable service rendered

    • Advance received

  • Service Tax Payable (CALCULATOR.XLS)


St3 contd

ST3 – Contd.

  • Details of Other Payments:

    • Arrears

    • Education Cess

    • Interest

    • Penalty

    • Miscellaneous

    • Excess amount paid and adjusted subsequently

  • Credit

    • Opening Balance

    • Credit availed on inputs/capital goods/ input services

    • Credit recd from Input Service Distributor

    • Credit Utilized

    • Closing Balance


E filing of service tax return

E-filing of Service Tax Return

  • File an application to the concerned Division at least 1 month before the date of filing of return.

  • A user id and password should be issued to him within 10 days along with technical details

  • Assesses to download ST3 and TR6 challans and enter the necessary details and file the returns

  • Receipt is generated along with a key number which is a proof enough

  • No documents required to be filed


Audit

Audit

  • Criterion – service tax payment (Cash + Credit)

    • Payment > 50L : yearly

    • 25L < Payment < 50L : Once in 2 years

    • 10L < Payment < 25L : Once in 5 Years

    • Payment < 10L : Risk assessment –2% of total assesses

  • Procedure :

    • Prior intimation

    • Supply of Documents – balance sheet, returns etc

    • Visit, scrutiny, pointing out of discreperancies, discussion, recovery, draft audit para

    • Audit Board Meeting approves each para before issue

    • Issue of para – dispute resolution – SCN & Adjudication


Anti evasion

Anti-evasion

  • Commissionerate & DGCEI have concurrent jurisdiction

  • Summons in case there is reason to believe that there is evasion of Service Tax

  • Documents/ Accounting Statements / Invoices

  • Dispute resolution – SCN & Adjudication


Interpretations clarifications

Interpretations/ Clarifications

  • Clarifications in case of doubts regarding specific applicability of law to a particular case

    • Prefer not to talk in terms of hypothetical cases

  • Letter should be accompanied by necessary documents/ contracts etc.

  • Clarifications being issued solely by the commissionerate headquarters

  • In doubt, further reference is made or practice ascertained from other commissionerate


Forms of service tax

Forms of Service Tax

  • Form STR3

  • Form STR3A

  • Form STR3E

  • Form ASTR2

  • Form STR5

  • Form STR6

  • Form STR7


Thank you

Thank You!

THANK-YOU

From -> Arvind Kumar Bochiwal


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