St-3 return

This query is : Resolved

CA Sanjay Baheti (Querist)
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19 April 2013 One of my client being an Individual has registered with Service Tax Dept.on 12/11/2012 for Renting of Immovable Property as taxable services.His threshold limit of Rs.1000000/- crossed in Sept,2012.So we have paid service tax thereon on dt. 15/11/2012.
Here the value of taxable services comes related to quarter July to Sept,2012 & deposited the same in Nov,2012 along with Interest.

Now query comes for which period I have to file ST-3 either for July to Sept,2012 or Oct,2012 to Dec,2012 period.Please confirm

Due over sight I have filed ST-3 for IInd quarter ended 30.09.2012.However the Dept.Rejected the same due to prior to Registration Date.

What is solution i.e either we have to revise or not or we have to file the same for the period from Oct,2012 to Dec,2012 Return period.

CA Mahavir Shah

CA Mahavir Shah (Expert)
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19 April 2013 Infact you have to file Service Tax return for the period of Jul-Sep 2012. But as you had registered with the department w.e.f. Nov-2012 so they will not allow you to file it before that date.
As you had registered without paying late registration fees they will not accept your return for the said period.

Regards,

CA Mahavir Shah
M : 094292 00851
Email : camahavir.shah@gmail.com

CA Sanjay Baheti

CA Sanjay Baheti (Querist)
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19 April 2013 Thanks Mr Shah for prompt reply.However please note that i have already filed St-3 for July to Sept,2012 but the same was rejected by the dept.Now what is solution either to rectify or regularize the same.
Please reply only for that specific query.

Asha Kanta Sharma

Asha Kanta Sharma (Expert)
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25 July 2025 Here's a concise answer for your specific situation:

Since the client’s **registration date is November 2012**, the department will **not accept ST-3 for the quarter July–September 2012** (period before registration). Filing return for the period before registration is generally not allowed unless registration is backdated (which is rare and requires approval).

**Solution options:**

1. **File ST-3 for October to December 2012** (first quarter after registration). This return will cover the taxable period going forward.

2. Since the department rejected the earlier return for July–September 2012, you **cannot revise that rejected return**; you have to file the return starting from the quarter after registration.

3. The payment and interest already made for July–September 2012 will be considered as advance or adjusted against future liabilities, but no return can be filed for that period.

4. If the department insists, you may approach them for regularization or clarification citing payment with interest, but typically returns must be filed only from the registration date onward.

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**Summary:**
File ST-3 only from the period **October to December 2012** onward, since that’s after registration date. No revision of rejected ST-3 for July–September 2012 is possible.

If you want, I can help you draft a letter or representation for the department explaining this. Would that help?

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