The Registration Compulsory Under Central Excise Act According to Section 7 of the Central Sales Tax Act, There are two ways in which a dealer can himself.

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Presentation transcript:

The Registration Compulsory Under Central Excise Act According to Section 7 of the Central Sales Tax Act, There are two ways in which a dealer can himself registered: A)Compulsory Registration (Sec 7(1)) B) Voluntary Registration ( Sec 7(2))

Company Registration: As per 7 (1), every dealer liable to pay tax under the Central Sales Tax Act Shall make an application for registration under the Act to such authority in the appropriate state as the central Government. “Every dealer effecting sale in the course of inter-state or commerce is liable to Central Sales Tax. Every dealer liable to pay Central Sales Tax to necessarily register himself with the sales Tax authority of the particular state as authorized by the Central Government” If a dealer does not get himself registered, he would be subject to a penalty under Section (10).

Following are the dealers for whom registered is compulsory under the Central sales Tax Act: 1)Every dealer liable to pay tax under (ST Act). 2)If a dealer is dealing in non tax free goods in a state. 3)If a dealer sale goods outside the state or if sale is made in inter-state trade.

The procedures of Service Tax: 1) Registration: As per section 69 of finance Act, 1994, “Every person liable for paying Service Tax” has to register within 30 days from date of commencement of the business of providing taxable service. The person will have to apply for registration in from ST-1 An acknowledgement will be given on duplicate copy of ST-1 from by Superintendent of Central Excise in whose jurisdiction the person operates. If a person is providing more than one taxable service, he may make a single application. He should mention in the application all the taxable service provided by him [rule4(4)].

Example If the person is providing services from more than one premises or offices, but is having centralized billing, He may opt for registering only the premises or office, firm where the centralized billing is done. However, if he does not have centralized billing, he shall make separate application for registration of each such premises or offices [rule4(3)].

2) Grant of Registration: The superintendent will accept declaration given by assesses in his application. The excise officer will grant registration immediately and in any case within Seven days, Service provider must Pay Tax and file return once application has submitted even if registration not granted. 3) Records to be maintained: There is no prescribed form of records. The records maintained by assesses in accordance with various other laws are acceptable. In the first return, the assesses should furnish a list of all accounts maintained by assesses including the memoranda received from his branch office [rule 5].

4) Invoice to be prepared: Assesses should prepare Invoice / Challan for charging service tax. Invoice/ Bill /Challan should show the service tax collected, registration number etc- Section 12 A of Central Excise Act provides that tax collected, must be shown in the Invoice. This section has been made applicable to Service Tax. Thus the service tax collected must be shown separately in Invoice/ Bill raised by the person providing services. 5) Payment of Tax: The service tax on value of taxable services received during the calendar month should be paid by 5 th of the next month. An individual or proprietary firm of partnership firm, the tax is payable on quarterly basis within 5 day at the end of quarter (rule 6).

5) Half Yearly Payment: To submit half yearly return form ST-3 in triplicate within 25 days of the end of the half-year “Half Year” means 1 st April to 30 th September and 1 st October to 31 st March of the financial year. The return should be accompanied by TR-6 Challans, evidencing payment on duty,

The procedure for registration of dealers under the Central State Tax Act The dealer must make an applicant to the concerned authorities in the appropriate sate, in Form A within 30 days of the day when he becomes liable to pay tax (i.e. within 30 days from the first inter-state sale). There is no time- limit for voluntary registration. In Form A, The Following information shall be submitted- date of setting up the business A)Name B)Address of the proprietors of the business C)Date on which the first inter-state sale was made by the dealer

. 1)Single place of business: If the dealer has a single place of business in the appropriate state; he is registered in that state, shall apply to sales tax authority of that sate only, for obtaining under CST Act. 2)More than one place of business in the same state: If a dealer has more than one place of business in the same state, he shall choose one of these places as principal place of business and gets only one certificate or registration with respect of that state.

3) More than one place of business in different states: If a dealer has more than one place of business in different sates, he will get a separate certificate of registration with respect to each state. 4) Fees for application: The application has to be accompanied by a fee of Rs. 25 (to be paid in cash or by way of Court fee stamp). 5) Signatories to application: The authorized signatories, depending upon the form of the organization have to duly sign the application form.