Filing of service tax return for fy 2012-13

If the liability to pay Service Tax arose from the first half of the FY 2012-13 under RCM, then Service Tax Returns should be filed for both the halves with the applicable penalty.

As per Circular No.  170/5 /2013 - ST, Under VCES a declaration can be made only in respect of “tax dues”. A case where no tax is pending, but return has not been filed, does not come under the ambit of the Scheme. However, rule 7C of the Service Tax Rules provides for waiver of penalty in deserving cases where return has not been filed and, in such cases, the assessee may seek relief under rule 7C.

You can take benefit of VCES Scheme for the period upto 31-12-2012. It seems you have paid taxes recently i.e. after 01-03-2013, so you must file VCES-1 application with the Asst. Comm. of Central Excise. I presume that you have not received any notice or order from the department upto 01-03-2013. @ Muskan 'tax dues' means tax which was due as on 01-03-2013. Subsequent payment of tax is not an ineligibility to opt for the scheme.

For the period starting from 01-01-2013, you are liable for interest u/s 75 for delay in paying service tax and also Late Fee u/s 70(1) @ Rs. 100/day + Rs. 1000 upto date of filing actual return. Note: Due date for Return for 2nd Half of 2012-13 was 10-09-2013!!

Yes, you can.

You may mail me the details at ServiceTaxExpert @ yahoo.com