Service tax return related query

Karunakar (Professional) (112 Points)

18 January 2015  

Hello to all the Members,

I would like to clarify the following:

Case:

A client has liability of Service tax for FY2013-14 as follows:

April 2013 - INR5, May- INR 7, June INR 8, July INR 4, August INR 9, September INR 17, October INR 9, Nov INR 5, December INR 13, Jan 2014 - INR 12, Feb INR 32, March INR - 29.  The client pays ST dues in January 2015 through one challan of INR 170, which is a delay obviously.

Against ST dues of INR 150 (Including education and secondary edu cess), he has paid INR 170 (basis not known).

Query:

a) How does client reflect these payment in the ST return for April to September 2013 and October 2013 to March 2014, which he has not filed till January 2015.

b) Also, can he claim the excess of INR 20 (INR 170 less INR150) which appears to be a refund as payment towards late fees due towards filing of return?  

c) Just because the dues have not been paid under the late fee  or penalty head, does this debar the client from setting off the INR 20 against the penalty payable?

d) Will he be liable for penalty or late fees in filing of delayed return?

e) The client is registered as Information technology software service provider. Any exemptions applicable to such service providers under ST act?

I would really appreciate some vauable inputs of the members on this issue.

Thanks and Regards,

Karunakar