05 November 2013
Dear professionals, one manpower supply contractor billed to another Companies in a month.Contractor received the bill amount in next month and paid service tax in that month.Service tax liability according to raising bill and paid amount were not matched within the tenure of half yearly ST3 Return. My question is, how the contractor will provide payable and paid amount in ST3 Return.pls, I am waiting for your answer.
05 November 2013
In the ST-3 Return, there is a column 4(c) which lists the service tax due but not paid. However, in the recent xls. downloaded from ACES this column is not there. Therefore the assessee has no option but to pay all the tax due before filing of ST-3 Return.
In case the invoice is not disclosed in the month of issue, it would amount to supression of taxable services, and if it is disclosed the due and paid amounts will not match.
In your case since the ST liability has already been discharged, but a month late, you should disclose the invoice in the month of issue. The tax paid by the next month's challan should be shown in the paid challans column to the extent applicable.
Suppose the bill was for Rs.10,000/-, issued in September 2013. The Service Tax liability is Rs.1236/-. Assuming no RCM is applicable the sum of Rs.1236/- is paid by November 6th 2013. In the column 'Services provided' this amount of Rs.10,000 is added to September. Suppose the total bills shown is Rs.10,00,000/-. Now show the figure as Rs.10,10,000/-. The Service Tax payable would be Rs.1,24,836/-, but only Rs.1,23,600/- has been paid. The sum of Rs.1,24,836/- will be shown in rows B1.19 to B1.21. In the rows D1, E1 & F1 the amount of Rs.1,24,386/- will be shown (assumed no CENVAT credit). In H1 "Details of Challans" for the month of September 2013 one challan of Rs.1,23,600/- will be shown. One more challan for Rs.1,236/- will be shown for the month of September 2013 bearing the challan number of the Challan paid on 6th November but IN THE AMOUNT COLUMN THE AMOUNT SHOWN WILL BE Rs.1,236/- AND NOT THE FULL CHALLAN AMOUNT.
You will also be liable to pay interest on the delayed payment of Rs.1,236/- for the number of days delay @ 18% per annum.
CAclubindia
