My Company ( Pvt Ltd. Company)(Service Receiver) have to pay 100% service tax to its legal advisors under Legal Consultancy Charge in Reverse charge Mechanism.
1.whether my company which is registered in ST1 as Management or Business Consultancy Services needs to do amendment in ST1 registration or not for this??
2.while filing ST3 can i claim cenvet credit of ST paid for RCM.. a.) again normal services and b.) again RCM services
3.In ST3 Return filing where should i show of this legal consultancy charges??
22 August 2013
Yes, addition other services(RCM)will have to be done in ACES. You have to pay RCM service under separate challan The same challan will be a document as cenvat invoice and can be used for availing the CENVAT benefit, if such input services are used for your output service. Like management consultancy service, you have to select and show as service receiver.
22 August 2013
1)If the Assessee is liable to pay tax under Partial Reverse Charge as Receiver, he will have to select 'Yes' under A10.2 and A10.4 and select the percentage from A10.6.
2)For filling up any amount in these fields(B1.6 & B2.7),--------- A10.3/A10.4 should have been selected as 'Yes' and A10.6 should be enabled with the appropriate percentage, selected from the drop down list.
22 August 2013
Thanks Mr Ganesh Babu, Experts should not answer the query without referring the provisions of the Act. Such replies will confuse the readers as these replies are available in the net for life time. Many references are taken from caclubindia answers.
At least, mr kumar mukesh should have written as "In my opinion....
22 August 2013
1)Notification No. 01/2013-ST, dated 22-02-2013 has introduced the new Form ST-3 format for filing return for the period July 1 to Sept 30, 2012.
2)As per the general instructions given for filling the Form ST-3,
(i)“If there is a change in the address or any other information as provided by the assessee in Form ST-1 or as contained in Form ST-2, the assessee should file amendment application online in ACES for getting the amended ST-2.
(ii)If the assessee has provided / received any additional service for which he is not registered, he has to first file the amendment application through Form ST-1 and after the approval of the same by the departmental officer, he should file the return”.
Earlier, the above highlighted text was not included in the general instructions for filling the Form ST-3.
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