Mistake in service tax return and 90 days have expired.

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

09 September 2011 We received Rs. 100000 of our payment in april (invoice of the same was raised in march) and we paid Rs. 10300 as service tax to department in april itself. By mistake in the Oct-March 2011 service tax return we shown Rs. 10300 as paid in cash and filed the return.
In sept we discovered this mistake , now the 90 days have been expired for revising the return.
Please gudie what to do about Oct-March return 2011 and April-Sept 2011 return.
Don't know whether to file nil return( as there is no other transaction) or to again show Rs. 10300 amount in April-Sept 2011 return.

Is there any penalty for this mistake...
We have paid the full Service tax amount.

Please suggest.

U S Sharma

U S Sharma (Expert)
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10 September 2011 1st of all dont panic, keep patience

as you have filed the return of march 2011, including the payment of april 2011, and now u want to modify the same in next half yearly return.

as per revised point of taxation rules, which were introduced in budget 2011, the service tax is payable on the issue of invoice,

your return is correct with the new point of taxation rules, just one minor mistake that you did not cleared the tax within march but paid in april.

from april itself, the point of taxation rules are valid ( with transition relaxation upto june 30th).

file NIL return for april-sept 2011 (if no taxable services are billed or recd payment)

in your final accounts, show the service tax liability of 10300 in march-2011, which is paid in april-2011,

hope you will get your smiles back, now :)