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 I. STATUTORY PROVISIONS IN SERVICE TAX LAWS

Section 70 of Finance Act, 1994.

(1) Every person liable to pay the service tax shall himself assess the tax due on the services provided by him and shall furnish to the Superintendent of Central Excise, a return in such form and in such manner and at such frequency and with such late fee not exceeding two thousand rupees, for delayed furnishing of return, as may be prescribed

(2) The person or class of persons notified under sub-section (2) of section 69 shall furnish to the Superintendent of Central Excise, a return in such form and in such manner and at such frequency as may be prescribed.

Rule 7 of Service Tax Rules, 1994

(1)  Every assessee shall submit a half yearly return in From ST-3 or ST-3A, as the case may be, along with a copy of the Form TR-6, in triplicate for the months covered in the half-yearly return.

(2)  Every assessee shall submit the half yearly return by the 25th of the month following the particular half-year.

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.

Rule 7A of Service Tax Rules, 1994

Notwithstanding anything contained in rule 7, an assessee, in case of service provided by:

(a) goods transport operator for the period commencing on and from the 16th day of November, 1997 to 2nd day of June, 1998; and

(b) clearing and forwarding agents for the period commencing on and from the 16th day of July, 1997 to 16th day of October, 1998, shall furnish a return within a period of six months from the 13th day of May, 2003, in Form ST-3B along with copy of Form TR-6 in triplicate, failing which the interest and penal consequences as provided in the Act shall follow.

Rule 7B of Service Tax Rules, 1994

An assessee may submit a revised return, in Form ST-3, in triplicate, to correct a mistake or omission, within a period of ninety days from the date of submission of the return under rule 7.

Rule 7C of Service Tax Rules, 1994

Where the return prescribed under rule 7 is furnished after the date prescribed for submission of such return, the person liable to furnish the said return shall pay to the credit of the Central Government, for the period of delay of-  

(i) fifteen days from the date prescribed for submission of such return, an amount of five hundred rupees;

(ii) beyond fifteen days but not later than thirty days from the date prescribed for submission of such return, an amount of one thousand rupees; and

(iii) beyond thirty days from the date prescribed for submission of such return an amount of one thousand rupees plus one hundred rupees for every day from the thirty first day till the date of furnishing the said return:

Provided that the total amount payable in terms of this rule, for delayed submission of return, shall not exceed the amount specified in section 70 of the Act:

Provided further that where the assessee has paid the amount as prescribed under this rule for delayed submission of return, the proceedings, if any, in respect of such delayed submission of return shall be deemed to be concluded.

Provided also that where the gross amount of service tax payable is nil, the Central Excise officer may, on being satisfied that there is sufficient reason for not filing the return, reduce or waive the penalty.

Explanation. - It is hereby declared that any pending proceedings under section 77 for delayed submission or non-submission of return that has been initiated before the date on which the Finance Bill, 2007 receives the assent of the President, shall also be deemed to be concluded if the amount specified for delay in furnishing the return is paid by the assessee within sixty days from the date of assent to the said Finance Bill.

II. ANALYSIS

(1) Service tax return

The service tax return is required to be filed under Section 70 of the Act read with rule 7 of the Rules, by 'any person liable to pay the service tax'.  This return is required to be filed on a half yearly basis, in Form ST-3. For the periods from April to September and October to March, it must be filed by the 25th October and the 25th April respectively. Further, Input Service Distributor is also required to file this return. Persons who are not liable to pay service tax (because of an exemption including turnover based exemption), are not required to file ST-3 return.

A single service tax return should be filed (in Form ST-3) in respect of all taxable services provided by an assessee.

(2) Contents of the return

Apart from the general details, like financial year, half year period (April-September or October-March), name of the assessee, registration number of the premises for which return is being filed, category of taxable services, the contents of the return inter alia, also include month-wise details of:

1. amount received towards taxable service

2. amount received in advance towards taxable service to be provided

3. amount billed for exempted services and services exported without payment of tax

4. amount billed for services on which tax is to be paid

5. abatement claimed - value

6. notification number of abatement and exemption

7. service tax payable

8. education cess payable

9. TR-6 challan date and number

10. credit details for service tax provider/recipient

Note: I personally think it is impossible to cram these items. But, I promise that if you have taken a glimpse of these items of form ST-3, then you would be able to write in exams with great confidence.

FORM ST-3

(IN TRIPLICATE)

(Return under Section 70 of the Finance Act, 1994)

(Please see the instruction carefully before filling the form)

ORIGINAL

/

REVISED

RETURN (Strike whichever is NOT applicable)]

Financial Year

2009-2010

For the period (Please tick the appropriate period)

April-September

October-March

1A

Has the assessee opted to operate as large Taxpayer [Y/N]

          (As defined under Rule 2 (ea) of the Central Excise Rules, 2002 read with rule 2(1)(cccc) of the Service Tax Rules, 1994)

1B

If reply to column 1A is 'Yes', name of large taxpayer unit(LTU) opted for (name of city)

2A

Name of assessee

2B

STC No.

&

2C

Premises code No.

2D

Constitution of assessee

(i) Individual/Proprietary

(ii) Partnership

(Please tick the appropriate category)

(iii) Registered Public Ltd Company

(iv) Registered Pvt. Ltd. Comp.

(v) Registered Trust

(vi) Society/ Co-op Society

(vii) Others

3. Computation of Service Tax

(to be filled by a person liable to pay service/Not to be filled by input service distributor)

(To be repeated for every category of taxable service on which service tax is payable by the assessee)

A1

Name of Taxable Service

A2

Assessee is liable to pay service tax on this taxable service as,

(please tick the appropriate category)

(i) a Service Provider, or

(ii) a Service receiver liable to make payment of Service tax

B

Sub-clause No. of clause (105) of section 65

(please see instruction)

C1

Has the assessee availed benefit of any exemption notification ('Y/N')

C2

If reply to column 'C1' is 'Yes', Please furnish notification Nos.

D

If abatement is claimed as per notification No. 1/2006-ST, Please furnish Sr. No. in the notification under which such abatement is claimed.

E1

Whether provisionally assessed('Y/N')

E2   Prov. assessment order No.('if any')

F

Value of taxable service, service tax payable and gross amount charged.

Month/Quarter**

Oct

Nov

Dec

Jan

Feb

March

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(I)

Service tax payable

(a)

Gross amount received/(paid #) in money

(i) against service provided

(ii) in advance for service to be provided

(b)

Money equivalent of consideration received/(paid #) in a form other than money

(c)

Value on which service tax is exempt/not payable

(i) Amount received against export of service ^

(ii) Amount received/(paid #) towards exempted service (other than export of service i.e. (i above)

(iii) Amount received as/(paid to #) pure agent (Please see instructions)

(d)

Abatement amount claimed

(e)

Taxable value=(a+b) minus (c+d)

(f)

Service tax rate wise break-up of taxable value =(e)

(i) Value on which service tax is payabl @5%

(ii) Value on which service tax is payable @8%

(iii) Value on which service tax is payable @10%

(iv) Value on which service tax is payable 12%

(v) other rate, if any (please specify)

(g)

Service tax payable= (5 % of f(i)+ 8% of f(ii) + 10 % of f(iii) +12 % of f(iv) + f(v) X other rate)

(h)

Education cess payable (@ 2% of service tax)

(i)

Secondary and higher education cess payable (@ 1% of Service Tax)   (Please see instruction))

(II)

(j)

Gross amount for which bills/invoices/challans are issued relating to service provided/to be provided (including export of service and exempted service)

(k)

Money equivalent of other consideration charged, if any, in a form other than money

(l)

Amount charged for exported services provided/to be provided ^

(m)

Amount charged for exempted service provided/to be provided (other than export of service given at (1) above)

(n)

Amount charged as pure agent (please see instruction)

(o)

Amount claimed as abatement

(p)

Net taxable amount charged = (j+k) minus (l+m+n+o)

**Assessee liable to pay service tax on quarterly basis may furnish details quarter wise i.e. Apr-Jun, Jul-Sep, Oct-Dec, Jan-Mar

# Applicable when service receiver is liable to pay service tax; ^ Not applicable to service receiver liable to pay service tax.

4. Amount of Service tax paid in advance under sub-rule(1A) of rule 6

Month/Quarter**

Oct

Nov

Dec

Jan

Feb

Mar

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(a)

Amount deposited in advance

(b)

Challan Nos

(c)

Challan dates

4A. Service Tax, education cess and other amounts paid (To be filled by a person liable to pay service tax / not to be filled by input service distribution)

Month/Quarter**

Oct

Nov

Dec

Jan

Feb

Mar

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(I)

Service tax, education cess, secondary and higher education cess paid

(a)

Service Tax paid:-

(i) in cash

(ii) by CENVAT credit ^

(iia) by adjustment of amount earlier paid in advance and adjusted in this period under rule 6(1A)

(iii) by adjustment of excess amount paid earlier and adjusted in this period under Rule 6(3) of ST Rules

(iv) by adjustment of excess amount paid earlier and adjusted in this period under Rule 6(4A) of ST Rules

(b)

Education cess paid:-

(i) in cash

(ii) by CENVAT credit ^

(iia) by adjustment of amount earlier paid in advance and adjusted in this period under rule 6(1A)

(iii) by adjustment of excess amount paid earlier and adjusted in this period under Rule 6(3) of ST Rules

(iv) by adjustment of excess amount paid earlier and adjusted in this period under Rule 6(4A) of ST Rules

(c)

Secondary and higher education cess paid:-

(i) in cash

(ii) by CENVAT credit ^

(iia) by adjustment of amount earlier paid in advance and adjusted in this period under rule 6(1A)

(iii) by adjustment of excess amount paid earlier and adjusted in this period under Rule 6(3) of ST Rules

(iv) by adjustment of excess amount paid earlier and adjusted in this period under Rule 6(4A) of ST Rules

(d)

Other amount paid:-

(i) Arrears of revenue paid in cash

(ii) Arrears of revenue paid by credit ^

(iii) Arrears of education cess paid in cash

(iv) Arrears of education cess paid by credit ^

(v) Arrears of Sec & higher edu cess paid by cash

(vi) Arrears of Sec & higher edu cess paid by credit

(vii) Interest paid

(viii) Penalty paid

(ix) Section 73A amount paid ^

(x) Any other amount (please specify)

(II)

(a)

Challan Nos

(1)

(2)

(3)

(4)

(a)

Challan Date

(1)

(May please be furnished in the order of Challan

(1)

Nos furnished above)

(2)

(3)

**Assessee liable to pay service tax on quarterly basis may give detail quarter wise i.e. Apr-Jun, Jul-Sep, Oct-Dec, and Jan - Mar

^Not Applicable to service receiver liable to pay service tax

4B.  Source documents details for entries at column 4A(I)(a)(iii), 4A(I)(a)(iv), 4A(I)(b)(iii), 4A(I)(b)(iv), 4A(I)(c)(iii), 4A(I)(c)(iv), 4A(I)(d)(i) to (vii)

(To be filled only if any entry is made against column 4A(I)(a)(iii), 4A(I)(a)(iv), A(I)(b)(iii), 4A(I)(b)(iv), 4A(I)(c)(iii), 4A(I)(c)(iv), 4A(I)(d)(i) to (vii)

Entry in table 4A above

Source documents No./Period

Source documents date

S.No.

Month / Quarter

1

2

3

4C.

Details of amount of service tax payable but not paid as on the last day of the period for which return is filed......................

5.  Details of input stage CENVAT credit (To be filled by a taxable service provider only / not to be filled by service receiver liable to pay service tax or input service distributor)

5A  Whether the assessee providing exempted / not taxable service or exempted goods

(1)

(2)

(a)

Whether providing any exempted or non taxable service ('Y/N')

(b)

Whether manufacturing any exempted goods ('Y/N')

(c)

If any one of the above is yes, whether maintaining separate account for receipt or consumption of input service and input goods (refer to rule 6(2) of CENVAT credit rule, 2004

(d)

If any one of the (a) and (b) is 'Yes' and (c) is 'No', which option is being availed under rule 6(3) of the Cenvat Credit rules, 2004

(i) Opted to pay an amount equal to 10% of the value of exempted goods and 8% of the value of exempted services (Y/N), or

(ii) Opted to pay an amount equivalent to CENVAT Credit attributes to inputs and input service used in or in relation to manufacture of exempted goods or provision of exempted service (Y/N)

5AA. Amount payable under rule 6 (3) of the Cenvat Credit Rules, 2004

Month/Quarter**

Oct

Nov

Dec

Jan

Feb

Mar

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(a)

Value of exempted goods cleared

(b)

Value of exempted services provided

(c)

Amount paid under rule 6(3) of Cenvat Credit Rules,2004 by CENVAT Credit

(d)

Amount paid under rule 6(3) of Cenvat Credit Rules, 2004 by Cash

(e)

Total amount paid=(c)+(d)

(f)

Challan Nos. wide which amount mentioned in (d) is paid

(g)

Challan dates

5B. CENVAT Credit taken and utilized

Month/Quarter**

Oct

Nov

Dec

Jan

Feb

Mar

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(1)  CENVAT Credit of Service Tax and Central Excise duty

(a)

Opening Balance

(b)

Credit taken

(i) On Inputs

(ii) On capital goods

(iii) On input services received directly

(iv) As received from input service distributor

(v) From inter unit transfer by a LTU*

Total credit taken=(i + ii + iii + iv + v)

(c)

(i) For payment of service tax (Amount including Arrears)

(ii) For payment of education cess on taxable service

(iii) For payment of excise or any other duty #

(iv) Towards clearance of input goods and capital goods removed as such*

(v) Towards inter unit transfer of LTU

(vi) For payment under rule 6(3) of the Cenvat Credit Rules, 2004

Total credit utilized=(i + ii + iii + iv + v + vi)

(d)

Closing Balance of CENVAT credit=(a+b-c)

(II)

(a)

Opening balance

(b)

(i) On Inputs

(ii) On capital goods

(iii) On input services received directly

(iv) As received from input service distributor

(v) From inter unit transfer by a LTU*

Total credit of education cess and secondary and higher education cess taken=(i + ii + iii + iv + v)

(c)

(i) For Payment of education cess and secondary and higher education cess on services (Amount including Arrears)

(ii) For Payment of education cess and secondary and higher education cess on goods #

(iii) Towards payment of education cess and secondary and higher education cess on clearance of input goods and capital goods removed as such

(iv) Towards inter unit transfer of LTU*

Total credit of education cess and secondary and higher education cess Utilized=(i + ii + iii + iv + v)

Closing Balance of Education Cess and secondary and higher education cess=(a+b+c)

#

Relevant only if assessee providing taxable service is also engaged in manufacture and clearance goods. This would also include excise duty paid on capital goods and inputs removed as waste and scrap, in terms of sub-rule 5A of rule 3 of the Cenvat Credit Rules, 2004

*

To be filled only by Large Taxpayer as defined under Rule 2 (ea) of the Central Excise Rules, 2002 and who has opted to operate as LTU. In case LTU has centralized registration for service tax, this information is not applicable in respect of service tax credit.

**

Assessees liable to pay service tax on quarterly basis may give detail quarter wise i.e. Apr-Jun, Jul-Sep, Oct-Dec, and Jan-Mar

6. Credit details for input service distributor (To be filled only by an input service distributor)

Month/Quarter**

Oct

Nov

Dec

Jan

Feb

Mar

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(I)

CENVAT Credit of Service Tax and Central Excise duty

(a)

Opening balance of CENVAT Credit

(b)

Credit taken (for distribution) on input service

(c)

Credit distributed

(d)

Credit not eligible for distribution (rule 7(b) of CENVAT Credit Rules, 2004)

(e)

Closing Balance

(II)

(a)

Opening balance of Education Cess and secondary and higher education cess credit

(b)

Credit of education cess and secondary and higher education cess taken (for distribution) on input service

(c)

Credit of education cess and secondary and higher education cess distributed

(d)

Credit of education cess and secondary and higher education cess not eligible for distribution (rule 7(b) of CENVAT Credit Rules, 2004)

(c)

Closing Balance

7.  Self Assessment memorandum

(a) I/We declare that the above particulars are in accordance with the records and books maintained by me/us and are correctly stated.

(b) I/We have assessed and paid the service tax and / or availed and distributed CENVAT credit correctly as per the provisions of the Finance Act, 1994 and the rules made thereunder.

(c) I/We have paid duty within the specified time limit and in case of delay; I/We have deposited the interest leviable thereon.

8. If the return has been prepared by a Service Tax Return Preparer (STRP), furnish further details as below

(a) Identification No. of STRP

(b) Name of STRP

< /div>

Place:

(Name and Signature of Assessee or

Date:

02/12/2008

Authorized Signatory)

ACKNOWLEDGEMENT

I hereby acknowledge the receipt of your ST-3 return for the period

Date:  02/12/2008

Place: 

(Signature of the Officer of Central Excise & Service Tax)

(With Name & Official Seal)

(3) Documents to be submitted along with the return

Along with ST-3 return following documents should be attached:

(i) Copies of GAR 7 challans which indicate the payment of service tax for the months/quarter covered in the half-yearly return

(ii) A memorandum in form ST-3A giving full details of the difference between the amounts of provisional amount of tax deposited and the actual amount payable for each month. Form-ST-3A is to be attached only when the assessee opts for provisional payment of service tax.

(4) Delay in filing of return:

Delay in filing of return attracts late fee.

The late fee presently prescribed vide rule 7C of the Rules, is 

(a) Rs 500 for delay upto 15 days;

(b) Rs 1000 for delay between 16 days and 30 days; and

(c) Rs 1000 plus Rs 100 per day beyond 30 days, till the filing of return, not exceeding Rs 2000.

However where the gross amount of service tax payable is nil, the Central Excise officer may, on being satisfied that there is sufficient reason for not filing the return, reduce or waive the penalty.

Question

A Ltd. was required to file service tax return but there was a delay of 5 days in filing such return. What is the late fee required to be paid by A ltd. along with its return?

Answer

A Ltd shall pay fee of Rs. 500 to Service tax department while filing its service tax return.

Question

A Ltd. was required to file service return but there was a delay of 15 days in filing such return. What is the late fee required to be paid by A ltd. along with its return?

Answer

A Ltd shall pay fee of Rs. 500 to Service tax department while filing its service tax return.

Question

A Ltd. was required to file service return but there was a delay of 30 days in filing such return. What is the late fee required to be paid by A ltd. along with its return?

Answer

A Ltd shall pay fee of Rs. 1000 to Service tax department while filing its service tax return.

Question

A Ltd. was required to file service return but there was a delay of 35 days in filing such return. What is the late fee required to be paid by A ltd. along with its return?

Answer

A Ltd shall pay fee a of Rs. 1500 [1000 + (35-30) x 100] to Service tax department while filing its service tax return.

Question

A Ltd. was required to file service return but there was a delay of 100 days in filing such return. What is the late fee required to be paid by A ltd. along with its return?

Answer

A Ltd shall pay fee of Rs. 8000 [1000 + (100-30) x 100] to Service tax department while filing its service tax return. However maximum penalty that can be levied is Rs. 2000.

(5) Filing of revised return:

Rule 7B prescribes that an assessee can submit a revised return within 90 days of filing of original return to rectify any mistake or omission.  It may be noted that in such cases where an assessee files a revised return, the limitation period for initiating any action for demanding the service tax not paid/ short paid/ not levied/short levied would be computed from the date of filing of revised return.

(6) Methods of filing return.

There are 2 methods by which return can be filed:

1.  Manual Filing Return is filed in Form ST-3 manually and then this form is filed with department.

The service tax return in Form ST-3 should be filed in triplicate along with the copies of GAR 7 challans for the quarters (in case of individual, proprietary concerns and partnership firms) or months (in other cases) covered in the half-yearly return. The return should be furnished to the Superintendent of Central Excise.

The assessee may also file the return with the concerned Divisional Office by registered post if he finds it difficult to file the return in person. However, the assessees should stick on to the due date and ensure that the return reaches the Divisional Office on or before the due date.

2. E-filing of return (ACES) - The service tax return can be filed electronically after logging into the website www.servicetaxefiling.com. For this purpose, the assessee shall obtain user-ID and log-in password from the department.  A simple application may be made to the jurisdictional Central Excise Officer, giving details of STC no., and an e-mail ID. The department would communicate the User ID, and password along with technical details required for accessing the relevant site and the procedure for making entries and other guidance as may be necessary to the taxpayer by e-mail. While filing the return electronically, the service taxpayer must file details as contained in Form ST-3 and that of duty paying challans.  On submission of the completed return, a key number and an acknowledgement would be generated by the system along with a copy of Form ST-3 and Challan, which could be printed by the service taxpayer for his records.  In case of any difficulty faced in e-filing, the service taxpayer may send an e-mail to the address specified by the Commissioner, explaining the difficulties and if a reply is not received within two days, he may send an e-mail to saps@excise.nic.in

Note: E-filing has been made compulsory where an assessee has paid a total service tax of Rs. 10 Lacs or more including the amount paid by utilisation of CENVAT credit, in the preceding financial year.

Few facts of ACES in Q & A format.

Question

I have an opening balance of Rs.65,000 in PLA, now I have utilized   Rs.55,000 for some payment under Other Payments - Arrears. But the system is asking me to enter the Challan No., Date and BSR Code against this entry in the Other Payments, and also it is expecting me to enter the challan number even though the payment is through Account current and not Credit Account. Please clarify.

Answer

If the Assessee is paying through Account Current he has to enter the Challan No, Date and BSR Code which are mandatory fields. If the Assessee has an opening balance in that case he will have to mention the previous Challan details.                                                                                                                                                                                           

Question

How do I revise my ST-3 Return?

Answer

You can revise your ST-3 return once within 90 days after filing the original return, by clicking on Revise ST-3 option of Fill ST-3 submenu under RET menu.    

Question

Will I get an acknowledgment after filing the return?

Answer

On the successful submission of a return, an acknowledgement with a number in the format registration number_Type of return_Month and Year of the return will be shown. For example, for the ER-1 return filed for the month of December, 2009 by an assessee having registration no AAABC7865HXM001, the number AAABC7865HXM001_ER1_122009 is generated as acknowledgement. This number becomes a reference number (Source Document number) for subsequent correspondences with the department in respect of the return.
 

(7) Return in case of multiple service providers

For an assessee who provides more than one taxable service, filing of a single return is sufficient.

However, the details in each of the columns of the Form ST-3 have to be furnished separately for each of the taxable service rendered by him. Thus, instead of showing a lump sum figure for all the services together, service-wise details should be provided in the return.

(8) Whether export service provided by a service provider is excluded for the purpose of payment of service tax?

Yes, Provider of services is exempt from payment of service tax if services are exported in accordance with the Export of Services Rules, 2005. However, service provided to an exporter is not excluded for the purpose of payment of service tax. The person liable to pay service tax under sub-section (1) or sub-section (2) of section 68 shall pay service tax as applicable on the specified services provided to the exporter and used for export of such goods, and such person shall not be eligible to claim exemption for the specified services.

(9) Records

As per rule 5 of Service tax Rules, 1994.

Assessee is required to as maintain records in accordance with the various laws in force. Every assessee shall furnish to the Superintendent of Central Excise at the time of filing of return for the first time a list in duplicate, of -

(i) all the records prepared or maintained by the assessee for accounting of transactions in regard to,-

(a) providing of any service, whether taxable or exempted;
(b) receipt or procurement of input services and payment for such input services;
(c)   receipt, purchase, manufacture, storage, sale, or delivery, as the case may be, in regard of inputs and capital goods;
(d) other activities, such as manufacture and sale of goods, if any.
(ii)   all other financial records maintained by him in the normal course of business.

All these records shall be preserved at least for a period of 5 years immediately after the financial year to which such records pertain

Note: Thereby service tax legislation unlike other acts does not prescribe any special records which are to be maintained.

III. SCHEME FOR SUBMISSION OF RETURNS THROUGH SERVICE TAX RETURN PREPARERS

The Finance Act, 2008 has inserted a new section 71 to provide for the scheme for submission of returns through service tax returns preparers. Section 71 provides that the Central Board of Excise and Customs (Board) may frame a Scheme for the purposes of enabling any person or class of persons to prepare and furnish a return under section 70 and authorise a Service Tax Return Preparer to act as such under the Scheme.

A Service Tax Return Preparer shall assist the person or class of persons to prepare and furnish the return in such manner as may be specified in the Scheme framed under this section.

Service Tax Return Preparer means any individual, who has been authorised to act as a Service Tax Return Preparer under the Scheme framed under this section. Person or class of persons means such person, as may be specified in the Scheme, who is required to furnish a return required to be filed under section 70.

The Scheme framed by the Board may provide for the following, namely:

(a) the manner in which and the period for which the Service Tax Return Preparer shall be authorised under sub-section (1);

(b) the educational and other qualifications to be possessed, and the training and other conditions required to be fulfilled, by a person to act as a Service Tax Return Preparer;

(c) the code of conduct for the Service Tax Return Preparer;

(d) the duties and obligations of the Service Tax Return Preparer;

(e) the circumstances under which the authorisation given to a Service Tax Return Preparer may be withdrawn;

(f) any other matter which is required to be, or may be, specified by the Scheme for the purposes of this section.

GIST OF SERVICE TAX RETURN PREPARERS SCHEME, 2009 NOTIFIED.

Notification No. 7/2009-ST, dated 3rd February, 2009

Educational qualification for Service Tax Return Preparers.-Any individual who has successfully completed education upto senior secondary level, under 10+2 education system, shall be eligible to become a Service Tax Return Preparer.

Duties and obligations of assessee.-An assessee opting to furnish his return under this Scheme shall-

(a) give his consent to any Service Tax Return Preparer to prepare and furnish his return;

(b) before verifying and signing the return, ensure that the facts mentioned in the return are true and correct;

Duties and obligations of the Service Tax Return Preparer. -  The Service Tax Return Preparer shall- prepare the return with due diligence;

a) affix his signature on the return prepared by him;

b) furnish the return as specified in sub-paragraph (2) of paragraph 5;

c) hand over a copy of the return to the person whose return is prepared and furnished by him;

d) retain a copy of the acknowledgment of having furnished the return;

e) in respect of returns prepared and furnished by him maintain record of the following, namely:-

(i) the name of assessees whose returns have been prepared and furnished by him during that month;

(ii) the Service Tax Code (STC)  number and premises code of such  assessees;

(iii) period for which return is filed;

(iv) date of furnishing the return;

(v) authority with whom return is filed;

(vi) amount of tax payable;

(vii) amount of tax paid;

(viii) the fee charged and received by him

f) furnish a statement of particulars mentioned in item (vi) for every month on or before the seventh day of the immediately following month to the Resource Centre. 

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