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Filing of service tax return for fy 2012-13

Janardan Kumar (Sr Accountant) (36 Points)

11 November 2013

Dear Experts,

Greeting of the Day!!

Please help me to understand whether filing of service tax return is required or not in the following case...

Our company has a Service tax liability as a reverse charges for the FY 2012-13. As company was not registered for service tax, we have just got a service tax registration certificate and has paid the tax now.

My question is whether our company has to file the service tax return for FY 2012-13 or not? If we have to file the return, do we have to file two returns, one for first half and another for second half???

Thank you all!!!

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7 Replies

One Of A Kind (CA Final & CS Professional Student) (187 Points)
Replied 11 November 2013

If the liability to pay Service Tax arose from the first half of the FY 2012-13 under RCM, then Service Tax Returns should be filed for both the halves with the applicable penalty.

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Janardan Kumar (Sr Accountant) (36 Points)
Replied 12 November 2013

Thank you sooooo much dear Muskan! I would like your more comment on the penalty. As company was not registered for Service Tax, it was not able to deposit the tax on time. And another thing is that that CBEC has run VCES, which provide us a great opportunity to pay the tax without any interest, penalty etc. Thank you!

One Of A Kind (CA Final & CS Professional Student) (187 Points)
Replied 12 November 2013

As per Circular No. 170/5 /2013 - ST, Under VCES a declaration can be made only in respect of “tax dues”. A case where no tax is pending, but return has not been filed, does not come under the ambit of the Scheme. However, rule 7C of the Service Tax Rules provides for waiver of penalty in deserving cases where return has not been filed and, in such cases, the assessee may seek relief under rule 7C.

Janardan Kumar (Sr Accountant) (36 Points)
Replied 12 November 2013

Thanks dear, once again for your quick reply!!!

Manoj Agarwal (Service Tax Consultant Rourkela ServiceTaxExpert@yahoo.com) (3456 Points)
Replied 12 November 2013

You can take benefit of VCES Scheme for the period upto 31-12-2012. It seems you have paid taxes recently i.e. after 01-03-2013, so you must file VCES-1 application with the Asst. Comm. of Central Excise. I presume that you have not received any notice or order from the department upto 01-03-2013. @ Muskan 'tax dues' means tax which was due as on 01-03-2013. Subsequent payment of tax is not an ineligibility to opt for the scheme.

For the period starting from 01-01-2013, you are liable for interest u/s 75 for delay in paying service tax and also Late Fee u/s 70(1) @ Rs. 100/day + Rs. 1000 upto date of filing actual return. Note: Due date for Return for 2nd Half of 2012-13 was 10-09-2013!!

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Janardan Kumar (Sr Accountant) (36 Points)
Replied 12 November 2013

Thank you Manoj sir!!! Yes, we have just paid the taxes because company has just received the ST-2 in Oct 2013... So do we have to file VCES-1 application with the Asst. Comm. of Central Excise? Thank you!