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St-2

Mohan (Audit Assisstant & Accounts Manager) (489 Points)

05 January 2012

We applied for ST-2 in August 2011. Unfortunately we didn't get it stampled from the respective authority. Now when we approached the present superintendent, we are told that the person who issued ST-2 had retired and we would get ST-2 stamped when that person comes to the office. Now my question is could the present officer give such excuse and not stamp/certify ST-2? What if the predecessor has passed away, would the present officer not stamp/certify ST-2? What is the procedure? How any retired officer can interfer office work like this? What can be done in such case?

Thanks in advance.

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8 Replies

Dipjyoti Majumdar (CA in service & CS. dipmaj@ rediffmail.com ) (3468 Points)
Replied 05 January 2012

This is ridiculous, depressing. Which city are you referring to. You should approach the Commissioner / AC of your Range and solve.

But check if the ST 2 is available online under your log in ID for viewing/downloading at least.

Regards,

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CA SANDESH MAHIPAL (Practicing in GST and MSME ) (1985 Points)
Replied 05 January 2012

FIRST YOU CAN CHECK YOUR ST-2 ONLINE AT WWW.ACES.IN SECOND SCE CAN NOT GIVE SUCH KIND OF EXCUSE. YOU SHOULD ASK HIM TO GIVE YOU THIS IN WRITTEN THAT HE IS NOT AUTHORISED FOR THIS ACT. YOU MAY GO FOR HIGHER AUTHORITY

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 05 January 2012

if the Range superintendent is not available then tech superintendent/ assistant commissioner will discharge the duties of the superintentendent, visit them and express your query, they will do the needful / issue instruction to get your ST-2 signed by present officer on duty.

Mohan (Audit Assisstant & Accounts Manager) (489 Points)
Replied 06 January 2012

Thanks for your replies. This case is from Mumbai. The dowloaded copy of ST-2 was sent for stamping. My peon re-approached and got the same answer again from the concerned authority. He approached higher authority, although he did not explain this issue to him, he was told to leave copy of the ST-2 for stamping and was told that a stamped copy would be sent on postal address in weeks time. I fail to understand what is happening in the department? Isn't anything can be done? Is there mechanism to report this and get resolved? I work in this field and still feel frustrating about this, what must be the reaction of any lay man visiting government offices for such procedural matters?

U S Sharma (glidor@gmail.com) (21063 Points)
Replied 07 January 2012

if you need stamping and going official way , then why not deposit the same to AC service tax with a letter of request, attaching the print copy for stamping? sending a non competent person to department of indirect taxes who is not familier with the department can not resolve the issues.

you had to get the same stamped immediately after your registration, which you ignored, and now in place of making the issue represented in proper way, u are seeking to make the things done with help of peon, who is asked to leave the copy with whom...............?

department will look now in your organization history on their system, and find out the updation of records which you have submitted at the time of registration ( as the person signing would be held responsible for correctness of the same) , revenue payment for sept half year end and whether return filed or not for that period, once the things are found in order, they will make your RC stamped, in case of any non compliance, they will ask you to make compliance 1st.

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Mohan (Audit Assisstant & Accounts Manager) (489 Points)
Replied 07 January 2012

Well, whether the assessee has complied with the return etc. is a different issue. My question here was about the departmental procedures, in any case, the assessee has e-filed the return and also paid service tax for next quarter. The basic issue is how the present authority can refuse to sign and stamp ST-3 under pretext that the same was issued by his/her predecessor and that the retired officer would visit the office to sign ST-2? It's not only our client but there are several other assessee's who have been given the same reason. Is the retired person allowed to act and sign any official document off duty? It is absolutely wrong (both refusal to sign the document as well as acting while retired). So far sending peon is concern, the answer from the officer concerned wouldn't have been any different even if any senior had gone for this work. Even for the convenience I accept that I should not have sent peon still the question remains unanswered as to what would have been the situation if self-representing assessee had gone himself/herself? Or is it a kind of trickery to secure some bribe?

One thing is very clear about government offices, may it be service tax, income tax, sales tax or any other, that the staff/authorities, almost everybody out there are very arrogant and whenever possible act at their whims. They simply refuse to budge even if you bring to their notice what law and procedure are.

CA Ganesh Karthik (Chartered Accountant) (368 Points)
Replied 07 January 2012

I would rather suggest you to visit the Department in person to have a better idea of the entire scenario.

Just sending your peon who is not knowledgeable in this field will not help.

Mohan (Audit Assisstant & Accounts Manager) (489 Points)
Replied 07 January 2012

Hmmmmm, may be. But let's not accept that there is difinitely some thing wrong on the part of department staff and they really sometime act weired! (Although I did not visit department for this yet I had discussed this with the authority concerned over phone on first occasion and I have discribed above what I was told by him.)

Thank you everybody for all your replies.