27 September 2015
Dear Sir, I had applied for service tax and received st1 only. As I am unable to ready any other business related documents and fail to submit any document for the same. Till date the business had not started and not a single documents had been submitted to office. Now an auto generated messages are coming reg filling of returns and my status are shown as active. As I had not submitted a single document within in prescribed time thought to be as cancelled as they mentioned in St1, how can it will be active even though I had not received any st2 or submitted any doc. Please suggest to deal with this issue.
27 September 2015
ST-2 id auto issued nowadays. But that is provisional subject to submission of all papers within 7 working days.
Now if you donot require st-2, you should submit a written petition to your range office surrendering your ST-2 and keep a acknowledged copy of the Letter for your future reference. I am sure you will not receive any communication fromyour range office in this regard, However this acknowledged copy will save you from any possible ligitation in future.
27 September 2015
Thank you sir for your valuable reply. But when question comes for surrendered wont they charge late fee. As business not started how can one file returns. As or surrender st1 or st2.
27 September 2015
Thank you sir for your valuable reply. But when question comes for surrendered wont they charge late fee. As business not started how can one file returns. As or surrender st1 or st2.
03 August 2024
Navigating the complexities of service tax registration and compliance can be challenging, especially when your business has not commenced operations and documentation remains incomplete. Here’s a guide on how to handle your situation:
### **1. **Understanding ST1 and ST2**
- **ST1**: This is the application form for service tax registration.
- **ST2**: This is the certificate of registration issued once your application is processed and approved. It confirms that your registration is complete and your business is now officially registered for service tax.
### **2. **Status of Your Registration**
- **Active Status**: If you have received only the ST1 but not the ST2, and you have not submitted any documents or started your business, it's unusual but possible that your registration status is shown as "active." This could be due to an administrative oversight or delay in the issuance of ST2.
- **Auto-Generated Messages**: These messages are reminders for filing service tax returns, which are required even if no business transactions have occurred. They are generated based on the registration status in the system.
### **3. **Steps to Address the Issue**
1. **Contact the Service Tax Department**: - Reach out to the local service tax office to clarify why your status is active despite not receiving ST2 and not submitting any documents. - Inquire about the necessary steps to complete your registration process or address any discrepancies.
2. **Submit Required Documents**: - If the registration is indeed active, you may need to submit the required documents to complete the registration process. Even if your business has not started, ensure that all required paperwork is filed to avoid penalties.
3. **File a Nil Return**: - If your business has not started and you have no transactions, you might still be required to file a nil return. This demonstrates that while the business is registered, no taxable services were provided. Filing nil returns can help keep your registration in good standing and avoid penalties.
4. **Surrender Your Registration**: - If you decide not to proceed with the registration or if your business is not going to commence, you can apply for surrendering the service tax registration. - **Surrender Process**: Submit a request for surrender of registration to the service tax department. Provide reasons for surrender and any supporting documents if required. - **Late Fees**: Typically, there might not be a late fee for surrendering a registration. However, it’s best to confirm this with the department to ensure there are no outstanding liabilities or penalties.
5. **Check for Compliance**: - Ensure that you are compliant with all other requirements and obligations related to service tax, including filing returns and maintaining records, even if no business activity has occurred.
### **4. **Preventive Measures**
- **Stay Updated**: Regularly check for updates and requirements related to service tax registration and compliance.
- **Maintain Records**: Keep track of all correspondence and submissions related to service tax to provide evidence if needed.
- **Consult a Professional**: If navigating the process seems complex, consider consulting with a tax advisor or consultant who specializes in service tax to guide you through the registration, compliance, and surrender processes.
### **Summary**
If your service tax registration is showing as active despite incomplete documentation and no business activity, it’s essential to contact the service tax department for clarification and take the necessary steps to either complete or surrender the registration. Filing nil returns and addressing any discrepancies promptly will help avoid penalties and ensure compliance.