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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

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
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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