Details of service tax payment in service tax return

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The assesee has paid service tax for jan to march & april to june in the same challan on 18/7/2011

How am I suppossed to enter details for payment of april to june in the service tax return of april to september.

Please help.....

Replies (7)

Enter the same challan for both half yearly return. Then write a letter to Service tax department mentioning the fact. As there is no provision for mentioning the amount of challan in ST3 return it won't create a problem for you as the challan amount exceeds the claimed amount in the return.

thanks a lot... further can you please let me know how tocalculate interest on service tax payments.

For Eg : if the assessee has to make quarterly payment i.e service tax for apr- jun will be made in july

So the assessee has paid int @ 15% for april (3 months), may (2 months) and june ( 1 month)

I feel no interest should be charged as he has paid on time 

Pls reply

In above case servic tax is required to be paid on 5 th or 6th of the month following the quarter in which services deemed to be provided (Rule 6 of Service Tax Rules, 1994). I. e for the quarter ending on june 2011, u have to pay service tax on 5th or 6th, as the case may be,  of july, 2011. If tax is deposited in time then no interest liability will arise. However if it not deposited in then interest will be calculated as under:

(Rate of interest)*(amount of service tax late deposited)*(period)

period will start from (6th or 7th of july 2011 as the case may be) and end on the date when service tax is deposited.

Thanks a lot for your help....... so according to you what can be done if excess amount of interest has been paid for the previous periods

Section 68 of Finance Act, 1994 provides that service tax shall be paid in the manner and within such period as may be prescribed. Accordingly Rule 6 deals with the manner of payment of service tax.

As per Rule 6(4A) of Service Tax Rules, 1994,

where an assessee has paid to the credit of Central Government any amount in excess of the amount required to be paid towards service tax liability for a month or quarter, as the case may be, the assessee may adjust such excess amount paid by him against his service tax liability for the succeeding month or quarter, as the case may be.

Rule 6 (4B) of said rules , inter alia, provides that

the details and reasons for such adjustment shall be intimated to the jurisdictional Superintendent of Central Excise within a period of fifteen days from the date of such adjustment.

Thus above provision talks about any amount paid in excess of service tax liability and same may be adjusted against the service tax liability of subsequent years.

However section 75 of above act deals with provision related with interest liability and there in no provision regarding treatment of excess payment of interest liability.

So, according to me you should adjust the excess amount of interest paid and intimate the department of the same. If they object then u can plea that we sud be allowed the same on the footing of above provision.

 

Thank you puneet ji for your help.... and sorry for late reply.

Im my case, the assessee has paid excess interest on service tax payment , so can he adjust it against service tax 10%, education cess 2% & 1% or only against interest .

Further, due to this adjustment , the service tax liability comes out to be NIL, so what should then be entered in the field of payment challan details of return .

 

Hello,

I would like to know the details regarding the Service tax for wat all services it is applicable. Can i have a list in Excel format for the services for which service tax is applicable.


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