Can i submit service tax return for f.y. 2011-12

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Dear All / Expert,

A company having two manufacturing units, in which one is registered with service tax and other one is not, for the financial year 2011-2012 both units of service tax details submitted in one registration no., means both units data containing in one return.

but instruction of service tax officer service tax return to be submit on seprate registration no.

Now My query is :

1. Can I submit Service tax return on current date for the period of April 2011 to Sept 2011 & Oct 2011 to Mar 2012

2. I have Submitted consolidated data in one registration no., where it should be seprate, can it be revise now.

3. S.T. officer Instructed that all payment will have to made again for new registratered  unit  and this has been paid, now can I claim for excess amount paid for other units.

 

 

Replies (7)

Now you can file the service tax return for the period of 2011-12 but department can imposed the penalty.

Hi RItesh,

 

You are not still registered with service tax department for your second unit. Hence, if you registered now and wanted to file return for FY 2011-12, online filing site www.aces.gov.in would not allowed you to file return for the period priior to date of registration for service tax for your second unit. This is practical difficulty you will face when going for filing return

 

Secondly you can send letter reply to department (ONLY IF DEPARTMENT SENT YOU OFFICIAL NOTICE OR INTIMATION) that there is no leakage of department revenue as instead of showing details in two different returns, you have consolidated in one return and payment was accordingly made. Since service tax payment would be the same even if seperate registration made for two different units. also specify practical difficulty in filing return for second as specified in my 1st para.

 

Further, if department asked you to submitt manual return for the same period. Company mandatorily have to file service tax returns in online mode and not on manual form.

 

Thanks and Regards,

Manoj B. Gavali

Dear Manoj JI,

Thanks for your precious reply, Can you guide me for my third point 

"S.T. officer Instructed that all payment will have to made again for new registrateration unit  and we have taken new registraion for second unit and paid all challan for second registered unit, now can we claim refund for excess amount paid for first units"

Hi Ritesh,

 

From my view point, there are two ways possible for adjusting this excess payment made now. Either you go for refund or you go for self adjustment mechanism of excess service tax paid. Since, refund claim for such excess payments is cumbersome and involves hurdles, you should better to go for self adjustment mechanism of excess service tax wherein you can adjust excess payment of service tax against you future service tax liabilities. For this no intimatin is required to be made to department. But you should have to maintain cmplete record of how you are adjusting such excess payments and same should have to be show in service tax ST-3 returns (henceforth EST-1)

 

Before doing this, i would rather suggest to take prior advice from your service tax consultant.

 

Thanks and Regards,

Manoj B. Gavali

 

hi,

we have filed online service tax sucessfully for F.y 2011-12, but we have not getting acknowledment receipt, and one message " NO RECORDS ARE FOUND " is coming.

Regards

Priti

Dear Priti,

If you are not able to find acknolodgment of service tax return. I think your return will be available as a draft.

Priti,

 

You can seestatus of  your return in  WWW.ACES.GOV>IN site as follows

 

Go to RET option and click on View ST3 Return tab

provide the period for which you filed service tax return and for which you wanted to see gthe return status

if You filed return successfully, ou will  see under status column as filed. and if some problem occured in filing, it will show as save option.

 

If you have any other queries apart frm this, then specify.

 

Thanks and regards,

 

Manoj B. Gavali


CCI Pro

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