Transcript Service Tax Prepared By :- Arvind Kumar Bochiwal

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
ADMINISTRATION OF SERVICE TAX
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
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 Residence of Director/Partner/Proprietor
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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
 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
 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
 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
 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.
 Details of Other Payments:
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Arrears
Education Cess
Interest
Penalty
Miscellaneous
Excess amount paid and adjusted subsequently
 Credit
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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
 File an application to the concerned Division at least 1 month
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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
 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 :
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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
 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
 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
 Form STR3
 Form STR3A
 Form STR3E
 Form ASTR2
 Form STR5
 Form STR6
 Form STR7
THANK-YOU
Thank You!
From -> Arvind Kumar Bochiwal