Filing of Service Tax Return Presented by: CA Prerana (Payal) Shah Organised by: WIRC-ICAI On: th 10 March, 2017
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Why is it important to file Service tax returns? 3
Bullets Service tax return GST 4
Taxability CENVAT Credit Classification Provisions determining liability under Service tax Place of Provision of Services RCM Components & Rate of Service tax Valuation Point of taxation 5
ST Return Mr. Samay had delayed ST registration by 1 year. Mr. Samay has deposited ST with interest to Government Treasury. Consequently, Mr. Samay wants to file ST return for the periods prior to registration. Is it possible? Not required No such provision in law Possible Section 73(3) of the FA, 1994 Intimation to be filed with the department No levy of penalty when ST with interest paid before issuance of SCN Pay late filing fees?? 6
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ST Return How to fill offline utility of ST return? Offline Utility Uploading procedure Always download new version of ST from www.aces.gov.in Acknowledgement Check after 1 business day Status should be FILED Print acknowledgement receipt Whether online utility available for ST returns. Yes Mandatory e-filing for all assessees 45
Service Tax Log-in screen 46
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Form ST-3 51
Print Acknowledgment Receipt 52
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Filed-Ack. 54
ST Return ST return is filed on 25th April, 2017. However, the same got rejected by system due to some technical error. Can it be considered as return filed on time? Circular No. 956/17/2011-ST dated 28th September, 2011 In case a return is rejected by the application, the date of uploading of the rejected return will not be considered as the date of filing, rather the date of uploading of the successfully filed, return (after the assessee carries out necessary corrections and uploads it again) will be considered as the actual date of filing Section 70 of the FA, 1994 read with Rule 7 of STR, 1994 Words used are Furnish ; Submit Whether the above circular is binding on the assessee CCE vs. Ratan Melting and Wire Industries 2008 (12) STR 416 (SC)» Circulars binding on department not on Court» Circulars contrary to statutory provisions has no existence in law 55
ST Return Whether the assessee is required to file NIL return in case there is no taxable services provided and no payments received during a return period. Section 70 of the FA, 1994 Every person liable to pay the service tax Rule 7 of the STR, 1994 (1) Every assessee Para 4.9 of the FAQs issued by CBEC & DGST on 1st September, 2010 3rd Proviso to Rule 7C of STR, 1994 Penalty can be waived if NIL return B & A Multiwall Packaging Ltd. vs. CCE, BBSR I 2006 (3) STR 673 (Tri.-Kolkata) What if the last date for filing is a public holiday? Circular No. 63/12/2003-S.T., dated 14th October, 2003 56
ST Return CENVAT Credit availed shown under Central Excise returns and not under Service tax returns. Whether this is a mistake? No Pipavav Shipyard Ltd. vs. CCE & ST, Bhavnagar 2016 (41) STR 151 (Tri.-Ahmd.) admitted to High Court in 2016 (45) STR J217 (Guj.) What if Service tax return does not match with income tax return? Scrutiny required ALP Management Consultants Pvt. Ltd. vs. Commr. of S. T., Bangalore 2006 (4) STR 21 (Tri.-Bang.) 57
ST Return Can the Original Return filed after due date, be revised within the time frame of 90 days? Rule 7B of the STR, 1994 from the date of submission of the return under rule 7. 90 days to be counted from when: From the date of filing original ST return or from the due date of filing original return? Rule 7B of the STR, 1994 from the date of submission of the return under rule 7 What if the assessee realised mistake after 90 days from the date of filing original return? No provision in Law File intimation letter 58
ST Return ST RC is surrendered. However, the department has not closed the procedure of surrender. Should the assessee file NIL ST return till the time department accepts surrender of ST RC? No Penalty vs. late filing fees Worded as late filling fees but penalty 3rd Proviso to Rule 7C of the STR, 1994 ST payable NIL + sufficient reason Penalty can be waived 59
ST Return Mr. Ghanchakkar was engaged in providing 10 different categories of services Mr. Ghanchakkar got registered under only 1 category of service on time 9 other services were registered after a gap of 6 months He had provided services only under 1 category of services during the period July to September, 2012 Accordingly, he filed return only under such 1 category of service. Whether department can levy Penalty for all other 9 services. Circular No. 76/6/2004-ST dated 3rd March, 2004 Only 1 penalty can be imposed 60
ST Return Probable errors while filing Service tax returns Challan does not exist Opening balance of CENVAT Credit Rounding off errors Difference between liability and payment/cenvat utilization Excess Service tax paid Presentation Issue 61
Practical Tips Download the latest version of forms from www.aces.gov.in Keep snapshot of each procedure made online Wherever required, file intimations with ST department Be careful in drafting these intimation letters Be extra careful in filing last return under Pre-GST Regime Do not hesitate to contact ST experts Get confirmation from clients before filing applications / forms / letters with the department If wrong ID or password is entered continuously for 5 times, the account gets blocked and the ACES registration procedure needs to be repeated 62
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GST Based on November 2016 Model GST Law 65
Case Study Old Credits can be availed under GST? M/s. Forgetful Pvt. Ltd. forgot to avail CENVAT Credit of Service tax paid on various input services such as advertisement, rent etc. amounting to Rs. 1.5 Crore GST regime got implemented While finalising Books of Accounts, M/s. Forgetful Pvt. Ltd. realises the fact of nonavailment of CENVAT Credit Whether M/s. Forgetful Pvt. Ltd. can avail such credits under GST? Most Crucial Return-Last return under old Laws 66
Cenvat Credit admissible as ITC (Sec. 167-CGST) Registered Person (Other than Composition Tax payer under GST Act) Provided that the said credit is admissible under GST Act CENVAT Credit of Earlier Laws carried forward in last return furnished under earlier law Entitled to be credited in Electronic credit Ledger 67
Unutilized Cenvat credit of Centralized Registrations (Sec. 191-CGST) Registered taxable person having centralized registration under earlier laws shall be allowed to take credit of cenvat carried forward in last return if: Registered under GST Act Return is filed within 3 months of appointed day Amount of credit as appearing in original return or reduced amount as appearing in revised return Such credit admissible under GST Act Credit may be transferred to taxable person having same PAN and registered under earlier law 68
Return filed under earlier laws Revision of Returns (Sec. 185-CGST & SGST) Recover as arrears under GST Act Amount of tax is recoverable or credit is inadmissible No ITC under GST Act Revised after appointed day Amount found to be refundable or credit found admissible If return revised within time limit as prescribed in earlier law Refund in Cash irrespective of provisions of earlier law except 11B (2) (CGST) Refund in accordance with provisions of earlier law (SGST) 69
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