limitation of time period for filling the Service tax Return

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chandan (Querist)
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23 February 2009 Hello, Friends
I want to know that whether there is any limitation of time period for filling the service tax return..for eg..if i have to file the service tax return for the year ending 2002-2003 can i do so and what are the consequences

Ram Avtar Singh

Ram Avtar Singh (Expert)
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23 February 2009

8. Returns

8.1 Every assessee is required to submit a half yearly return in form S.T.3 or S.T.3A (in triplicate) along with copies of T.R.6 challans. For the purpose of filing returns half year is counted from April to September and October to March. In case the assessee has opted for provisional payment of service tax he is required to file the service tax return in form S.T.3A. (Rule 7(1) of Service Tax Rules, 1994)

8.2 Date of filing of Returns : The half yearly return is required to be filed by the 25th of the month following a particular half year. (Rule 7(2) of Service Tax Rules, 1994)

8.3 E-filing of Returns : The department has extended the facility of filing the returns on-line (e-filing of returns). This facility is available for all the categories of service providers. The assessee who is willing to opt for this facility is required to submit an application ( at least one month in advance before the due date for filing the return), in prescribed format (Annexed to Circular No.71/1/2004-ST dated 02.01.2004) to the jurisdictional Central Excise officer. The department would allot a username and password in due course of time to such assessee.

9. Interest

9.1 The due date for payment of service tax is 5th day of the month of the following the relevant month / quarter. It is provided under section 75 of the Finance Act, 1994 that in case of delayed payments ( after due date) the assessee is required to pay simple interest at the rate prescribed. Notification No. 26/2004 dated 10.09.2004 has specified the rate of interest at 13% per annum. The table below shows the rate of interest applicable at relevant period of time.

Sr.No.
Period
Rate of Interest

1.
Till 11.05.2001
1.5% per month

2.
11.05.2001 to 11.05.2002
24% per annum

3.
11.05.2002 to 10.09.2004
15% per annum

4.
From 10.09.2004
13% per annum