Query related to service tax ammendment

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Service tax is been payable on accrual basis right from July 2011 as per the notification. 

My question is that in a service providing company, they were not aware about the above amendment taking place from July 2011. Hence they continued  charging service tax on receipt basis. And Service tax return is also filed for the period till Sept 2011. So what treatment is to be done?

Now, how to revise the return as the period of 90 days for revising service tax return is also lapsed. 

And how to calculate the service tax payable for the current year in such a case.

 

Thanking you.

Waiting for your early reply.

Replies (3)

                                                          SERVICE TAX RETURNS 

TIME LIMIT:Service tax assesses should file their returns on half yearly basis within 25th of OCT for (apr to             sep) and 25 apr for (oct to mar)

Form : Half yearly return should br field in Form ST-3.

penelty for delayed furnishing of retuns

period of delay from prescribed date

Amount of penalty

upto 15 days 

rs. 500

beyond  15 days and within 30 days 

rs. 1000

beyond 30 days 

RS.1000+100 every day 

from 31st day,

              or

RS. 20000 whichever is LOWER.

 

INTERST & PENALTY IN CASE OF DELAY & IN CASE OF NON PAYMENT OF SERVICE TAX BY DUE DATE 

INTEREST: (SECTION 75 )

a)  Rate of Interest : Interest shall be payable at the rate of 18% p.a for the period of delay.

                                     It 15% if the turnover in the preceeding financial year is not more than RS 60 lacs.

b) Period of Interest : The period of delay shall be the number of days between the date of the payment and the 6th of the month on which it fell due.

PENALTY : (SECTION 76) :

a) Circumstance : Service Tax is not paid or paid after the due date.

b) Minimum Penalty : penalty is liable to be imposed at the following rates-

Higher of 

200 per day of failure to pay ST ;or 

At the rate of 2% of the ST  per month.

c) Maximum Penalty : Amount of Service Tax that the assessee failed to pay .

d) Nature : Penalty is in addition to the tax amount and the interest payable theron u/s 75.

e) No Penalty ; shall be impossed on the assessee , if he proves that there was a reasonable cause for such failure.

 

One of my client registered in service tax under business Auxiliary services.
Now he start three new services in different location, my query is can they add new
three services in existing ST certificate
 
Thanx & Regards
 
Vivek Agarwal

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