St-2 kept pending by department

Queries 1081 views 5 replies

Dear Sir/Madam,

 

My client having an existing registration, had applied for centralized registration since 13/08/2012, since one more place was taken for prividing service. The issue is that the status of the application in the portal still shows "Application under Approval"
 
I have taken several rounds to the Range Office, Division Office and the Commissioner Office (Head Quarters), who have filed to provide an efficacious result. The hard copy of the ST-1 with seal, signatures along with all required documents (including the previous stamped ST-2) was submitted with the concerned range office. The range office have forwarded it for further processing, which is evident from a self-generated mail from ACES, which says "This is to inform you Amended ST-2 has been forwarded". They even tried to track as to why and where it is stuck-up but it still remains a mystery. My visit to division office was also futile as the AC said he has not received any ST-2 for further processing.    
 
In the circumstances, I have interpreted the statute regarding registration as below:
The Registration certificate should be issued within a period of seven days from the date of submission of application ST-1 along with all relevant details/documents. In case the registration certificate is not issued within seven days, the registration applied for is deemed to have been granted. [Rule 4(5) of the STR, 1994].
 
The abovesaid is as per a FAQ dt.01.09.2010 issued by the CBEC. 
 
My limited query are:
  1. what should be my next approach for obtaining the ST-2.
  2. In case it is not issued in time whether my client on the basis of the above interpretation of the statute be able to utilize the CENVAT credit of the added unit in the centralized registration in paying off the Service Tax liability.
  3. Will a seperate registration No be generated for the Centralised Registration or the Registration No. will remain the same.

 

Replies (5)

Your client is eligible to avail CENVAT since filing the online application date

 

Which Commissionerate you have filed the registration ?

there may be some shifting of offices or respnsibilities

in this regard, you may directly approached to the concerned AC/DC or Commissioner

 

As you yourself has specified that the service tax registration shall be granted within 7 days of the application... you are deemed to have granted the registration...

Further, you may approach the higher authorities and complain that you have not been granted such facility in spite of the follow-ups.

Thanks Mr.Dharam and Mr.Vikas for you valuable remarks...

Kidly refer to Rule 4(2) of Service Tax Rules, 1994.

In case of Centrealised Registration the registration shall be granted by Commissioner of Central Excise not Superintendent of Central Excise.

The limit of 7 days (sub rule 5) is applicable only if the registration is to be granted by Superintendent of Central Excise. So, registration is not deemed to have been granted.

You sholud wait for obtaining of Form ST-2. Generally it takes time of 2-3 months time, If there is any deficiency in your application depatment will get back to you.

Your client is eligible to utilize CENVAT credit in respect of new unit.

 

I agree with pradeep. You should wait or approach the commissioner by writing a letter stating your problem. its always better to be at a safer side. Atleast by writing to the Commissioner, you will be able to retreive the satus of your application or any discrepencies if any.


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