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

Ministry of Finance Department of Revenue Central Board of Excise & Customs Chief Commissioners of Central Excise Commissioners of Central excise headed by chiefs 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 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 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)CALCULATOR.XLS

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 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 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 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