Urgent

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 August 2013 Dear Sir,
One of the assessee started taxable services from the fy 2013-14 and he obtained service tax registration in the last week of March 2013.

Now I have following queries -

1. Whether he has to file nil return for last week of March 2013.

2. From April 2013 he has started to charge service tax from first bill. Then It is good to deposit collected tax with coming half yearly return
or
return the service tax to his customers back and start to charge service tax after his turn over crosses 10 lacs limit.

Please advise me.
Thanks in advance.

CA Suresh Jain

CA Suresh Jain (Expert)
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11 August 2013 1. He should file nil return
2. This kind of situations are not provided for in law. In view of the general principal of the law you should refund the service tax wrongly charged by you to customers with a proper communication in writing duly acknowledged by each of the customer.

Querist : Anonymous

Querist : Anonymous (Querist)

12 August 2013 How is the idea if that assessee deposit it and show the challan details in return with turnover

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CA Suresh Jain

CA Suresh Jain (Expert)
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12 August 2013 there is no difficulty in this also. Only thing that it will be treated an exercising the option of paying service tax and not opting for the benefit of notificatiion number 3/2012. Your client shall have to continue charging service tax on his billing for the financial year