Filing service tax return for the period

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CA Hemant Sharma

30 Points Posted on 26 August 2013

XYZ PVT LTD incorporated since 15.02.2013, started collecting fees for commercial coaching from students as advance payment inclusive of service tax since first day upto march amount of Service Tax collected was Rs.25000/- aprox. Company got service TAx registration in month of July 2013, and paid amount collected uptodate with interest as applicable. Now while filling of ST-3 for the period OCT-MARCH2013, ACES giving message that you are not required to file the return for the specified period...

query is

1) whether there is any way to file the return ST-3 for period upto March 2013 (as non fillng of return will lead to penalty upto Rs.20000/-

2) on what grounds penalty of Rs.10000 can be waived off for collecting service tax without being registered.

Replies (3)

CA LOVELY ARORA

C.A. B.Com (H) Graduate

1985 Points Posted on 26 August 2013

Dear Hemant Sir,

1) As you got registered in the month of July itself, thus, S.T. dept. is correct in stating that you are not required to file return for the period before that. You need not to worry, there will be no penalty on you.

2) For the amount you charged from the clients, best practice was to refund that amount to them, so that there will not be any case on you. But, as you have made the payment to the dept. (with interest), you may show it in the next return... might that be Apr-Sept. 2013... and claim that you received the said amount for the said period.

Best Regards,
CA Lovely Arora
ca.lovelyarora @ gmail.com