24 December 2012
Dear all, I have filed ST3 return of one of our client, who has registered under Restaurant Sale. As per service tax their is abatement of 70% & taxable is 30% i.e actual service tax to pay is 30% of 10.3% is of 3.09% for FY 11-12. While file the ST3 return for the period of Oct-Mar.12, i am forgot to fill abatement column and directly total taxable amt comes under taxable amount column. The service tax amount i.e 3.09% of taxable amt is correct but service tax officer said that as you have not entered the abatement value, so are liable to pay full tax i.e 10.3% So, please tell me what to do.........? i can't revise the return,as revise date also expired... Please reply me as earliest....
25 December 2012
Aforesaid abatement is available under NN 1/2006 ST and as per this notification, abatement may be availed if following conditions are satisfied: (i) the CENVAT credit of duty on inputs or capital goods or the CENVAT credit of service tax on input services, used for providing such taxable service, has been taken under the provisions of the CENVAT Credit Rules, 2004; or (ii) the service provide r has availed the benefit under the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 12/2003-Service Tax, dated the 20th June, 2003[G.S.R. 503 (E), dated the 20th June, 2003].
Thus if you have complied with these conditions then you can avail the benefit. For mistake you may write a letter as you cannot revise the return by clarifying the facts.
CAclubindia
