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Service Tax Registration

Devang Mirani (Assistant Manager) (55 Points)

14 March 2010

Dear All,

I have a query regarding the registration & Refund of Service Tax on Exported goods.

One of our clients is in business of Agricultural goods from last 2 years & they got star export house certificate. They have only export business, They procure goods from local mkt & same they sale to foreign parties after done some Quality Check, Certification work & also they take service of Clearing Forwarding Agent etc from local service providers & same charges them Service tax.

Now they want to file Service Tax refund, So far they have not registered themselves in Service Tax.

My querry to all of you is under which service we should get registred our client & are they eligible for refund of last years?

Kindly reply me in the issue asap.

Thanking you

Devang Mirani

09819839798

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6 Replies

Satyanarayanan (CA-Final student) (73 Points)
Replied 14 March 2010

Dear Devang Mirani,

I think you have to be registered under Business Auxillary Services - Sec. 65(105)(zzb) and when it is agricultural produce it is exempt from service tax (Notification No. 13/2003 ST dated 20.6.2003.

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Ram Avtar Singh (Nagari Sultanpur U.P.Delhi) (14497 Points)
Replied 14 March 2010

Dear sir

Your client is not service provider, so he can not registered with service tax.

Ram Avtar Singh (Nagari Sultanpur U.P.Delhi) (14497 Points)
Replied 14 March 2010

Rule 4. Registration –

(1)	Every person liable for paying the service tax shall make an application to the concerned Superintendent of Central Excise in Form ST-1 for registration within a period of thirty days from the date on which the service tax under section 66 of the Finance Act, 1994(32 of 1994) is levied: Provided that where a person commences the business of providing a taxable service after such service has been levied, he shall make an application for registration within a period of thirty days from the date of such commencement: Provided further that a person liable for paying the service tax in the case of taxable services referred to in sub-section (4) or sub-section (5) of section 66 of the Finance Act, 1994 (32 of 1994) may make an application for registration on or before the 31st day of December, 1998: Provided also that a person liable for paying the service tax in the case of taxable services referred to in sub-clause (zzp) of clause (105) of section 65 of the Act may make an application for registration on or before the 31st day of March, 2005.
(2)	Where a person, liable for paying service tax on a taxable service,
	(i)	provides such service from more than one premises or offices; or
	(ii)	receives such service in more than one premises or offices; or,
	(iii)	is having more than one premises or offices, which are engaged in relation to such service in any other manner, making such person liable for paying service tax, and has centralised billing system or centralised accounting system in respect of such service, and such centralised billing or centralised accounting systems are located in one or more premises, he may, at his option, register such premises or offices from where centralised billing or centralised accounting systems are located.
(3)		The registration under sub-rule (2), shall be granted by the Commissioner of Central Excise in whose jurisdiction the premises or offices, from where centralised billing or accounting is done, are located: Provided that nothing contained in this sub-rule shall have any effect on the registration granted to the premises or offices having such centralised billing or centralised accounting systems, prior to the 2nd day of November, 2006.

(3A) Where an assessee is providing a taxable service from more than one premises or offices, and does not have any centralized billing systems or centralized accounting systems, as the case may be, he shall make separate applications for registration in respect of each of such premises or offices to the jurisdictional Superintendent of Central Excise.

(4) Where an assessee is providing more than one taxable service, he may make a single application, mentioning therein all the taxable services provided by him, to the concerned Superintendent of Central Excise.

(5) The Superintendent of Central Excise shall after due verification of the application form, [or an intimation under sub-rule (5A), as the case may be]⁵, grant a certificate of registration in Form ST-2 within seven days from the date of receipt of the application [or the intimation]⁵ If the registration certificate is not granted within the said period, the registration applied for shall be deemed to have been granted.

[(5A) Where there is a change in any information or details furnished by an assessee in Form ST-1 at the time of obtaining registration or he intends to furnish any additional information or detail, such change or information or details shall be intimated, in writing, by the assessee, to the jurisdictional Assistant Commissioner or Deputy Commissioner of Central Excise, as the case may be, within a period of thirty days of such change;]⁶

(6) Where a registered assessee transfers his business to another person, the transferee shall obtain a fresh certificate of registration.

(7) Every registered assessee, who ceases to provide the taxable service for which he is registered, shall surrender his registration certificate immediately [to the Superintendent of Central Excise.^]6

[(8) On receipt of the certificate under sub-rule (7), the Superintendent of Central Excise shall ensure that the assessee has paid all monies due to the Central Government under the provisions of the Act, and the rules and the notifications issued thereunder, and thereupon cancel the registration certificate.