Dr. Sanjiv Agarwal

While September is the month for filing Income Tax returns by business entities, in Service Tax, it is October of the year which keeps all services providers busy in filing their Service Tax returns for first six months ,i.e. April to September. The last date is 25th October of the year after which penalty is attracted which may go upto Rs. 20,000.

With change in Service Tax regime w.e.f. 1st July this year by introduction of negative list approach, there is a change in taxable services, accounting codes, valuation and exemptions. This calls for a change in the format of Service Tax returns also. Perhaps, keeping this in mind, the government has now decided to revise the format of Service Tax return (ST-3 Form) which is not yet released. Since the new format has not been made available even till today, the last date of filing Service Tax returns has been extended from 25th October to 25th November 2012.

Assessees may be aware that Service Tax returns are required to be filed for half year i.e., for April to September in October and for October to March in April following. Another major change is that the return which is now to be filed is required to be filed only for one quarter, i.e., April –June 2012. This is because from 1st July, 2012, law has changed and return for earlier period may be filed separately.

In effect, this time only quarterly return will be filed and for subsequent quarter, return will be required to be filed in different form  which will be notified later.

Further, returns are now mandatorily required to be filed online. No paper returns can be filed. As such, new format of return is expected to be uploaded on the CBEC’s (Central Board of Excise & Customs) web-site soon after which assessees can file their return before 25th November, 2012.

In the current financial year, an assessee would have had to give data with reference to specific services and the corresponding legal provisions for the period 1st April to 30th June. The data for the period from 1st July to 30th September would have been respect to different services and the corresponding legal provisions. Combination of these provisions into one return would have made the return complex for the assessees. Hence this change.

With these changes, one cannot file the return now and  shall have to wait for the new return format. In such a scenario, assessees will also be required to avail / utilize credit of tax or pay Service Tax only in relation to this quarter only.

Government is also toying with the idea of having a monthly return in case of specified categories of service providers. However, such a return could be a simple one page return.

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0 responses to “Service Tax – No Half Yearly Returns This Time”

  1. Bajrang Sharma says:

    Thanks for your submission.

    The revised ST-3 is very complicated…
    Can anyone provide help on this..

    Secondly, is there any good write ups /explanation on the new amendments in Service Tax.
    You can mail me on sharma.ctc@gmail.com
    Thanks & Regards,

  2. V.K.GUPTA says:

    dear sir

    can you confirm on repair & maintenanace (on it equipments)how much shall be service tax and how much vat in delhi under work comtract.

  3. Manjunath says:

    Dear Sir

    Thanks for your valuable information

    sir please let me know is there any change in the Taxabality of GTA (Goods Transport Agency) or Transportation of Goods By Road previously 75% abatement was there…. Now from 1st july same or any change please let me know about this
    Thanks & Regards
    Manjunath

  4. GMR says:

    Thanks for a brief article . Any proposal by Govt for monthly return in future is also a good move.

  5. P.N.V.GIRI says:

    Sir,
    Time again I am writing in this bloc that if the Service tax dept. adopts Tamil nadu VAT system of reporting it will be very beneficial for the dept. as well as the assessee. This is an on the spot assessment like as we declare the input and out put details along with the summary of receipt and payment. There is a provision for e payment also in the same module. Hence no need for a separate return filing after making the payment. I have written to the Service tax commissionerate also on this score. Please give a thought over it and persuade the ministry to adopt .

  6. manish panchal says:

    Dear Sir

    I have download the excel utility of service tax return filing for 1st quarter (i.e., April-12 toJune-12) but it is too complicated. Can send me the step wise process to create XML file to upload the return.

    Manish Panchal
    9879531200

  7. Vipul Kothari says:

    Excel utility for the period April-12 to June-12 is released on ACES.
    For information please.

  8. CA Rajesh Agrawal says:

    Dear Sir,

    Thanks a lot for sharing such a great information.

    On 22/10/2012 department has released new form for filing return
    Thanks again

  9. Sujay Bag says:

    Please find the following link for revised ST-3 which has been released some days ago….Thanks for your clarifications about return & Payment of Service Tax….

    https://taxguru.in/service-tax/service-tax-st3-april-june-2012.html

  10. Ullas Sanghvi says:

    As per your write up, extension of time upto Nov. 12 has been given because new format of service tax return has not yet been released. Now when New Format is released, it may consist of new Accounting norms also. In that case in new format half yearly will have to be submitted .
    Confusion remains until the new format is released, and the return may be half yearly only.

    CA ULLAS SANGHVI

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