07 April 2010
DURING THE F.Y. 2009-10 SERVICE TAX RETURN IS FILED BY MANUALLY OR ELECTRONICALLY PLEASE TELL, WHO IS MANUALLY and WHO IS ELECTRONICALLY STATUS WISE. IF ANY STATUS IS ELECTRONICALLY RETURN PREPERATION SOFT WARE IS AVAILABLE WHERE.
07 April 2010
Trade Notice No. 1/2010, dated 25-2-2010 Attention of Trade and Industries is invited to the Government of India, Ministry of Finance, (Department of Revenue) Notification No. 04/2010-Central Excise (N.T.) dated 19-2-10 vide which Rule 8(1) and Rule 12(1) of the Central Excise Rules, 2002 have been amended, with effect from 1-4-2010. 1. Accordingly, in third proviso to Rule 8(1), for the words "duty of fifty lakhs rupees or more, other than the amount of duty paid by utilization of CENVAT Credit, in the preceding financial year," the words, "total duty of rupees ten lakh or more including the amount of duty paid by utilization of CENVAT credit, in the preceding financial year" has been substituted. Similarly, in Rule 12(1) after the second proviso and before third proviso, the new proviso namely, "Provided also that where an assessee has paid total duty of rupees ten lakhs or more including the amount of duty paid by utilization of CENVAT Credit in the preceding financial year, he shall file the monthly or quarterly returns, as the case may be, electronically :" has been inserted. 2. The effect of this amendment is that all assessee who have paid duty (from their PLA and Cenvat account put together) of rupees ten lakhs or more, in the year 2009-10 are required to pay duty electronically w.e.f 1-4-2010. Such assessees are also required to file monthly or quarterly returns, as the case may be, electronically. In view of the said statutory provisions w.e.f 1-4-2010, non compliance thereof would invite penal provisions, stipulated under Rule 27 of the Central Excise Rules, 2002. solicited. it is applcable from 1st April 2010, hence you have to file second half year return of period OCt 2009 to March 2010 electroncally.
09 April 2010
Mr. Bansal. Pls clarify my doubt Look, I have paid duty/service tax Rs. 10 laksh or more including by way of CENVAT credit utilization in the preceding year. Consequently, in the current year I’ m liable to pay service tax through electronic mode that means previous year is the base to pay duty/service tax this year (i.e. 1.4.10 to 31.3.10). Here, it indicates that i would be liable for the current year transactions and not the previous year transaction if I’m right so. Further, an hypothetical example; assume that service tax due date is April 5, 2010 for the month of March 2010 then what is the consequence. As per you we have to pay service tax online?
By taking this point as base how can I file a return pertaining to the previous years transactions in the current year electronic mode. Because, the notification is effective from 1.4.02010 onwards hence any return or payment must be done electronic mode for the year 2010 – 2011 onwards and not for the previous years. Pls clarify.
09 April 2010
From the actual point of view this may not be the right way to conclude. Since, the said notification is applicable for those transactions happened on or after 1st April, 2010 and does not apply to the previous transactions as the notification is a prospective in nature by applying general rule. Hence, the service tax return is to be filed on or before April 25, 2010 of transactions pertaining to Oct 09 to March 2010. In this period an assessee would have not paid service tax amount electronically even though the service tax amount exceeded Rs. 10 laksh including utilizing CENVAT credit. Thus, mere filing of return in the month for which the Notification No. 01/2010 would apply is not a criterion.
In my view the return is to be filed either manually or electronically as the case may be. The said notification is applicable from 1.04.2010 onwards that means the return pertaining to April 2010 to Sept 2010 has to be filed electronically by every assessee to whom the said notification is applicable
09 April 2010
Dear Hanumantha Reddy ji, Service Tax realted to March month is to be depoisted March month itself. Whether you have deposited service tax manually, it does not affect the filing of return electroncially. If per hythopetical example if such notification is effected from 1st march 2010, then we have to pay service tax online. If assessee has paid Rs.10 Lakh by way of deposit or by way of utizling of credit. He should have to file return electronically for the period of OCt 2009 to March 2010. As per my view, the assessee has to file return electronically.
09 April 2010
Ji..........just try to understand my query. i know that the service tax payment for march is march 31. But just assume that the due date is April 5th and read the notification now how you interpret it. Since this notification is applicable for both payment and filing return and only for return sir.
09 April 2010
Dear sir, Sorry if you hurt my last reply.
I know that you know about the service tax to be deposited in March itself. You have assumed 5th april for understanding. Because payment of March due is already made. If payment is also to be made for any default of march in April then it also should be deposited online As per discussion with our excise legal advisor and other expert view, Service Tax return for second half year is to be deposited electronically.
09 April 2010
again you are not understanding my poin sir. Just thing of for march 2010 due date is April 5th (for a while you do like how you remit for the month of Jan, Feb, etc and continuou the sam logic in the month of March also.Now, you apply/interpret the said notification.
11 April 2010
look, if i apply your logic then tell me which is the preceding year for 2009-10 returns.it would be 2008-09 obviously. In such a cases even i would have filed the return online for the first half year also(this is based on your answer). Since, the notification says clearly that the prescribed limit Rs 10 laksh is taken from preceding year. i.e. for the financial year 2010-2011 the preceding year is 2009-10 but where as if i go for online filing (as per you) for the second half year the financial year is not 2009-10 but we have to take 2008-09 (am i right)which is not correct so.
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