1st Notification of ST - Pay and file electronically

New year was greeted by government with a circular on problems faced by Exporter in taking refund. Now they are came with a first notification requiring an assessee to pay ST and file return electronically if his total ST payment (including cash and credit) exceeds or is equal to 10 lakhs during the preceding financial year. Limit of Rs. 50 Lakh is done away with.

With an introduction of ACES website this was expected. These rules are applicable from 01-04-2010.

The whole text is reproduced here for your ready reference.

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II SECTION 3 SUB-SECTION (i)]

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

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Notification No. 01/2010 – Service Tax

New Delhi, the 19^TH February 2010

G.S.R.    (E).- In exercise of the powers conferred by sub-sections (1) and (2) of section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the Service Tax Rules, 1994, namely :-  

1. Short title and commencement.- (1) These rules may be called the Service Tax (Amendment) Rules, 2010.

     (2) They shall come into force on the 1^st day of April, 2010.

2. In the Service Tax Rules 1994 (hereinafter referred to as the said rules), in rule 6, in sub-rule (2), for the proviso, the following proviso, shall be substituted, namely:-

“Provided that where an assessee has paid a total service tax of rupees ten lakh or more including the amount paid by utilisation of CENVAT credit, in the preceding financial year, he shall deposit the service tax liable to be paid by him electronically, through internet banking.”

3. In the said rules, in rule 7, after sub-rule (2), the following proviso shall be inserted, namely:-

 “Provided that where an assessee has paid a total service tax of rupees ten lakh or more including the amount paid by utilisation of CENVAT credit, in the preceding financial year, he shall file the return electronically”.

 [F. No. 137/13/2010 - CX.4]

(Madan Mohan)

Under Secretary to Government of India

 Note.-  The principal rules were published in the Gazette of India, Extraordinary, Part II, section 3, sub-section (i), dated the 28^th June, 1994 vide notification No. 2/94-Service Tax, dated the 28th June, 1994, [G.S.R. 546(E), dated the 28th June, 1994] and were last amended by notification No. 17/2006-Service Tax, dated 25^th April, 2006, [G.S.R. 247 (E), dated the 25^th April, 2006, and vide notification No. 10/2009 - Service Tax, dated the 17^th March  2009, [G.S.R. 171 (E), dated the 17^th March, 2009].