we would like to surrend service tax regi. no. we have filed service tax retrun half yearly on 25th october 2007. our income will not cross rs.8 lakhs in this f.y.
So can we surrender service tax regin no. now ? i.e. in november 2007
23 Replies
Late CA Sampat Jain
(Chartered Accountant)
(4772 Points)
Replied 25 October 2007
If your limit had crossed 8 lacs last year , you are liable to service tax this year
Shaily Jain
(Chartered Accountants)
(1054 Points)
Replied 25 October 2007
u can surrender ur certificate in Nov but return of half year in Oct u have to file.bcoz at the time of suurender generally officer check all the records so for safe mode u should file it.
and if ur income will not cross rs. 8 lakh then u r not liable to pay tax but for safe mode file the return
Late CA Sampat Jain
(Chartered Accountant)
(4772 Points)
Replied 25 October 2007
Notification No. 6/2005-ST, dt. 1-3-2005
In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) (hereinafter referred to as the said Finance Act), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby exempts taxable services of aggregate value not exceeding [eight lakh rupees]<$FSubstituted for "four lakh rupees" by Notification No. 4/2007-ST, dt. 1-3-2007, w.e.f. 1-4-2007.> in any financial year from the whole of the service tax leviable thereon under section 66 of the said Finance Act:
PROVIDED that nothing contained in this notification shall apply to,--
(i) taxable services provided by a person under a brand name or trade name, whether registered or not, of another person; or
(ii) such value of taxable services in respect of which service tax shall be paid by such person and in such manner as specified under sub-section (2) of section 68 of the said Finance Act read with Service Tax Rules, 1994.
2. The exemption contained in this notification shall apply subject to the following conditions, namely:--
(i) the provider of taxable service has the option not to avail the exemption contained in this notification and pay service tax on the taxable services provided by him and such option, once exercised in a financial year, shall not be withdrawn during the remaining part of such financial year;
(ii) the provider of taxable service shall not avail the CENVAT credit of service tax paid on any input services under rule 3 or rule 13 of the CENVAT Credit Rules, 2004 (hereinafter referred to as the said rules), used for providing the said taxable service, for which exemption from payment of service tax under this notification is availed of;
(iii) the provider of taxable service shall not avail the CENVAT credit under rule 3 of the said rules, on capital goods received in the premises of provider of such taxable service during the period in which the service provider avails exemption from payment of service tax under this notification;
(iv) the provider of taxable service shall avail the CENVAT credit only on such inputs or input service received, on or after the date on which the service providers starts paying service tax, and used for the provision of taxable services for which service tax is payable;
(v) the provider of taxable service who starts availing exemption under this notification shall be required to pay an amount equivalent to the CENVAT credit taken by him, if any, in respect of such inputs lying in stock or in process on the date on which the provider of taxable service starts availing exemption under this notification;
(vi) the balance of CENVAT credit lying unutilised in the account of the taxable service provider after deducting the amount referred to in sub-paragraph (v), if any, shall not be utilised in terms of provision under sub-rule (4) of rule 3 of the said rules and shall lapse on the day such service provider starts availing the exemption under this notification;
(vii) where a taxable service provider provides one or more taxable services from one or more premises, the exemption under this notification shall apply to the aggregate value of all such taxable services and from all such premises and not separately for each premises or each services; and
=============================
(viii)the aggregate value of taxable services rendered by a provider of taxable service from one or more premises, does not exceed [rupees eight lakhs] in the preceding financial year
=============================
3. For the purposes of determining aggregate value not exceeding [eight lakh rupees], to avail exemption under this notification, in relation to taxable service provided by a goods transport agency, the payment received towards the gross amount charged by such goods transport agency under section 67 for which the person liable for paying service tax is as specified under sub-section (2) of section 68 of the said Finance Act read with Service Tax Rules, 1994, shall not be taken into account.
Explanation : For the purposes of this notification,--
(A) "brand name" or "trade name" means a brand name or a trade name, whether registered or not, that is to say, a name or a mark, such as symbol, monogram, logo, label, signature, or invented word or writing which is used in relation to such specified services for the purpose of indicating, or so as to indicate a connection in the course of trade between such specified services and some person using such name or mark with or without any indication of the identity of that person;
(B) "aggregate value not exceeding [eight lakh rupees]" means the sum total of first consecutive payments received during a financial year towards the gross amount, as prescribed under section 67 of the said Finance Act, charged by the service provider towards taxable services till the aggregate amount of such payments is equal to [eight lakh rupees] but does not include payments received towards such gross amount which are exempt from whole of service tax leviable thereon under section 66 of the said Finance Act under any other notification.
4. This notification shall come into force on the 1st day of April, 2005.
ritika
(student)
(0 Points)
Replied 02 June 2008
sir,
i would like to know how i can surrender of my service tax registration number and what are the formilities that will be fulfil with it
thanking you
ritika
(student)
(0 Points)
Replied 02 June 2008
sir,
i would like to know how i can surrender of my service tax registration number and what are the formilities that will be fulfil with it
thanking you
ritika
(student)
(0 Points)
Replied 02 June 2008
sir,
i would like to know how i can surrender of my service tax registration number and what are the formilities that will be fulfil with it
thanking you
(Guest)
| Originally posted by :Guest | ||
| " | sir, i would like to know how i can surrender of my service tax registration number and what are the formilities that will be fulfil with it thanking you |
" |
(Guest)
| Originally posted by :Guest | ||
| " | sir, i would like to know how i can surrender of my service tax registration number and what are the formilities that will be fulfil with it thanking you |
" |
Kindly make sure that you File All your Half-Yearly Service Tax Returns (ST-3) till the last Half-Year End from the date of application for the Surrender/Cancellation. (You pay applicable Interest & penalty,if any - Refer Service-Tax Rules to know the interest rate & penalty amount).
If you are in Registered in Mumbai Jurisdiction then you can use the below link to download the form (for other Jurisdiction Areas Pls. confirm if the same is OK for submission in your Local Serv Tax Office).
https://www.wikiupload.com/download_page.php?id=52270
(Select download Button, type verification code & press the button below for download)
Fill the same. Then print it on Letter-Head & Submit Original Serv Tax Regn. Certificate (ST-2) alongwith this Application.
(Guest)
SIR,
I want surrender my service tax no. what formilities should followed by me,
service tax no. alloted on date sep 2007. we have deposited tax for the month of sep07 & oct07, but after that we unable to continue business so i want surrender my service tax no.
please sugges me what i will do.
(Guest)
Respected Sir,
I am Running a computer eduction centre using Other persion brand name. But my principal company and myself are providing training in JOB Oriendted (Tally Training) Courses. Vacational (Job Oriented) . in this service is applicable under service tax. Please give me your valuable reply
Madhukar N Hiregange
(Chartered Accountant)
(39034 Points)
Replied 16 October 2008
| Originally posted by :Guest | ||
| " | Respected Sir, I am Running a computer eduction centre using Other persion brand name. But my principal company and myself are providing training in JOB Oriendted (Tally Training) Courses. Vacational (Job Oriented) . in this service is applicable under service tax. Please give me your valuable reply |
" |
There is an exemption for vocational training excluding computer training. Therefore tally training maybe liable. However if you provide accounting training in which tally also happen tobe aprt it maybe considered a vocational training activity.
If you are using the brand of a reputed trainign institue then you would notbe eligible for the Rs.10 lakhs exemption.
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