I have registered myself with service tax deptt. but my turnover not cross limit of Rs. 10,00,000 as prescribed in service tax and i have doubt whether i am liable to file return for this quarter or not.
18 April 2012
Once you are registered with service tax then you will have to file the return irrespective of fact that your value of taxable service does not exceed 10 lakhs.
18 April 2012
Rule 7 of service tax rules, 1994 states as under- Returns – (1) Every assessee shall submit a half yearly return in From ‘ST-3’ or ‘ST-3A’, as the case may be, along with a copy of the Form TR-6, in triplicate for the months covered in the half-yearly return. (2) Every assessee shall submit the half yearly return by the 25th of the month following the particular half-year.
Since you got registration under service tax and became assessee, you are required to file return.
18 April 2012
As per clause 6(1) of circular 97 of 2007, returns need not be filed in the case of ST registration holders covered with in the threshold limit . However the referred clause became redundant with effect from March 1,2008 as a corollary to the 3rd proviso to rule 7C of the Service tax Rules,1994 ,introduced through notification 4 of 2008, meaning thereby ,irrespective of the turn over a registered assessee has to file ST-3.
I have one more doubt, i have not file my service tax return from 01.04.2010 (i.e. 3 half year) what is the penalty amount is imposed for these returns since penalty amount is changed from Rs. 2,000 to Rs. 20,000. whether change of penalty amount has restrospective effect or not. Please clear my doubt and thanks for your valuable suggestion for ref. of Rule 7.
18 April 2012
Legitimate penalty is Rs.20,000/ per return. However, as per proviso to rule 7C of the Service tax Rules,1994, if there is no tax liability, the jurisdictional officer has the power to waive the said penalty.
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