Filing of return under vces

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 August 2013 Fact of the cases:
Our is Private Limited Co.
Ser. Tax Payments are made including Interest as follows (figures are manipulated i.e. not actual)
1)For FY 2010-11 (1st year) : Ser.Tax liability paid Rs. 150000 + Rs. 9000/- as a interest (Payment made in June 2011) – Return not filed as due date is gone
2)For FY 2011-12 : Ser.Tax liability paid Rs. 200000 + Rs. 25000/- as a interest (Payment made in August 2012)- Return not filed
3)For paying Ser. Tax liability of FY 11-12 I made 2 separate (for half yearly) online payments on a same day in Aug.12 for return filing purpose.
4)For FY 2012-13 : Ser.Tax liability paid Rs. 1000 + Rs. 150/- as a interest (Payment made only for Q1 & return also filed)
5)For FY 2012-13 Q2 return is filed as nil but can’t revise it as 90 days are over after filing.
6)For FY 2012-13 for Q3 & Q4 payment as well as returns are pending

Now my question is that whether can I file pending returns for FY 10-11, 11-12 & 12-13 under VCES?

For FY 11-12 mistakenly I made excess payment of Ser. Tax Liability (for first half), so can I carry forward it? though my Q1 & Q2 returns are filed for FY 12-13 or can I revise Q1 & Q2 return of FY 12-13? so I can get set off against b/f excess payment for FY 2011-12 under VCES.

Please guide me in this matter

Querist : Anonymous

Querist : Anonymous (Querist)

21 August 2013 Is there anybody who can help me regarding above matter..
Really i need Expert's suggestions... please..

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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24 July 2024 Based on the details provided, here are the clarifications and guidance regarding filing returns under the Voluntary Compliance Encouragement Scheme (VCES) for your Private Limited Company:

### Eligibility for VCES:

1. **For FY 2010-11 and 2011-12:**
- You have not filed service tax returns for these years but have paid the service tax liabilities along with interest.
- **VCES Eligibility:** You can file pending returns for FY 2010-11 and FY 2011-12 under VCES to avail of the benefits of reduced penalty and immunity from prosecution.

2. **For FY 2012-13:**
- **Q1 and Q2 Returns:** You have already filed the returns for these quarters, including one nil return.
- **Q3 and Q4 Returns:** These returns are pending along with payments.

### Specific Queries:

1. **Excess Payment in FY 2011-12:**
- If you have made excess payment of service tax liability for FY 2011-12, you can adjust this excess against your liabilities under VCES.
- Since you have already filed Q1 and Q2 returns for FY 2012-13, you can carry forward the excess payment and adjust it against the remaining liabilities for FY 2012-13 under VCES.

2. **Revision of Returns for FY 2012-13:**
- Since the 90-day window for revising Q2 return of FY 2012-13 is over, you cannot revise it. However, you can still file pending returns for Q3 and Q4 of FY 2012-13 under VCES.

### Steps to Take:

- **File Pending Returns:** Ensure you file the pending service tax returns for FY 2010-11, FY 2011-12, and Q3/Q4 of FY 2012-13 under VCES.
- **Declare Details under VCES:** When filing under VCES, declare the details of service tax liabilities and payments made, including any excess payments from FY 2011-12.
- **Payment of Dues:** Pay the outstanding service tax liabilities along with interest as required under VCES.
- **Avail Benefits:** Upon acceptance of your declaration under VCES, you will benefit from reduced penalty and immunity from prosecution for the disclosed period.

### Consultation with a Tax Professional:

It is advisable to consult with a qualified chartered accountant or tax advisor who can assist you in preparing and filing the VCES declaration accurately. They can also help you determine the correct adjustment of excess payments and ensure compliance with all procedural requirements under the scheme.

By following these steps and seeking professional advice, you can effectively regularize your service tax compliance and avail of the benefits provided by the Voluntary Compliance Encouragement Scheme (VCES).

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