Service tax collected before registration

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This query is : Resolved

Rawther Riswan (Querist)

05 September 2013 Dear Sir,

We have a client who has collected service tax before registering ST - 2.

Can the service tax amount collected can be paid and included.

Regards,

Rizwan

Arun Kumar Singh

Arun Kumar Singh (Expert)

05 September 2013 yes, you can paid the service tax after registration along with interest.

Rawther Riswan

Rawther Riswan (Querist)

06 September 2013 Thank you sir,

Is there is any Notification Regarding this issue

Aashok Kumar Sharma

Aashok Kumar Sharma

(Expert)

24 July 2025 Yes, your client can pay the service tax collected before obtaining service tax registration, and doing so is valid and acceptable under the law, subject to interest.

Here are the key legal and procedural points:

✅ Legal Position:
As per Section 69 of the Finance Act, 1994, every person liable to pay service tax must register within 30 days from the date on which they start providing taxable services.

Collection of service tax without registration is not prohibited, but non-payment of tax collected is an offense.

Rule 4 of the Service Tax Rules, 1994 requires registration but does not invalidate tax collected prior to registration, provided it is paid to the government.

Section 73A of the Finance Act, 1994: If a person has collected service tax from a recipient, he is mandatorily required to pay it to the credit of the Central Government, even if not liable to collect it or not registered.

📌 Implication:
Yes, your client must pay the collected service tax, even if it was collected before obtaining registration.

This should be paid through the usual GAR-7 challan or online via NSDL portal.

Interest under Section 75 is payable for delay in payment.

🧾 Notifications / Circulars:
There is no specific notification allowing or disallowing payment of service tax collected before registration — but the authority flows from Section 73A and Section 75 of the Finance Act, 1994.

Further, CBEC Circular No. 59/8/2003-ST dated 20.06.2003 clarified that registration is not a pre-condition for tax liability.

✅ What to Do Practically:
Pay the service tax amount collected with applicable interest.

File service tax returns (ST-3) showing liability from the correct date.

Maintain proper documentation showing service tax was collected and paid.

Apply for registration (if not yet done) — no retrospective registration needed beyond 30 days.

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