Revised return under service tax

This query is : Resolved

Suraj Singh (Querist)
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14 October 2013
Dear Sir,

Some mistakes have been noticed in the return after filing service tax return.

The limit for the filing of revised service tax return has also lapsed?

How can we rectify our mistake now?

What all remedies do an assessee has to rectify the mistakes?

CA Pallav Singhania

CA Pallav Singhania (Expert)
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14 October 2013 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.

Where an assessee submits a revised return, the ‘relevant date’ for the purpose of recovery of service tax, if any, under section 73 of the Act shall be the date of submission of such revised return.

Therefore, a return which is filed can be revised to correct a mistake or omission. The time limit provided for revision of return is 90 days from the date of submission of the return under Rule 7.

The rule also explains that, for the purpose of recovery of service tax under Section 73 (Issue of Show Cause Notice) the date of submission of such revised return will be considered as relevant date to calculate the time limit for issue of Show Cause Notice.