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Service Tax

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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  1. Service Tax Prepared By :- ArvindKumar Bochiwal

  2. 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

  3. ADMINISTRATION OF SERVICE TAX

  4. 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

  5. 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/-

  6. 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

  7. 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

  8. 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)

  9. 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

  10. 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

  11. 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

  12. 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

  13. 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

  14. Forms of Service Tax • Form STR3 • Form STR3A • Form STR3E • Form ASTR2 • Form STR5 • Form STR6 • Form STR7

  15. Thank You! THANK-YOU From -> Arvind Kumar Bochiwal

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