Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Publish Date: 12 May, 2007
Print   |    |  Comment

PAYMENT OF SERVICE TAX BY MARCH 31: PRACTICAL DIFFICULTIES

 

PAYMENT OF SERVICE TAX BY MARCH 31: PRACTICAL DIFFICULTIES

 

The Central Board of Excise and Customs has issued Notification No. 01/2002-ST, dt.14.01.2005. It has amended the Rule 6 of Service Tax Rules, 1994. The Rule 6(1) after amendment reads as follows: -

 “(1) The service tax on the value of taxable service received during any calendar month shall be paid to the credit of the Central Government by the 25th of the month immediately following the calendar month :
Provided that where the assessee is an individual or proprietary concern or partnership firm, the service tax on the value of taxable service received during any quarter shall be paid to the credit of the Central Government by the 25th of the month immediately following the said quarter:
Provided further that the Service Tax on the value of taxable services received during the month of March or the quarter ending March, shall be paid to the credit of the Central Government by the 31st day of March of the calendar year.”
 
In this article, we are trying to analyze the practical difficulties arising out of implementation of this new amended Rule which are as follows: -
          1. Meaning of amendment : - As it is ample clear from the reading of new amended rule that the service tax for the month or quarter ending on March 31 has to be paid by March 31 itself. Earlier the assessee, other than individual, proprietary concern and partnership firms, were paying the service tax for a month by 25th of the following month. But they have to pay the tax for the month by March 31 themselves. For the rest of the months they will pay the tax as they were paying earlier. Similarly, the individual, proprietor and partnership firms who were paying tax for the quarter by 25th of the immediately following month, has to pay the tax for the month of March by March 31 itself.
          2. Objective of Amendment: - The Government has not declared the real objective behind the amendment. But it seems that the objective of Government is to collect the service tax for the financial year within the same financial year. It will enable the Government to show that they have achieved its targets. The Government will show its realization against the projected budget estimates. But it will create a lot of problems which are discussed in enumerated paras.
          3. Calculation of Tax: - The assessee has to calculate the complete amount received by him by March 31 on that day itself. He has to calculate the tax on the very same day. Thereafter, calculate the CENVAT credit and deduct the same from the tax amount. After this calculation, deposit the remaining amount of this day only. It will really be very cumbersome. The problem is aggravated by the large number of small assesses registered under the Service Tax. It is not expected from small photographers, dry cleaners, video-graphers etc. to calculate the amount and deposit the tax on the same day. If they fail to do so then they will face the harsh penal provisions of Rs. 100/- to Rs. 200/- per day under section 76 of the Act along with interest @13 % under section 75. This will invite to undue litigation.
          4. Estimated Tax amount: - The assessee who can not exactly calculate the tax amount will try to pay it on estimated basis. The shortfall in the tax amount will call for the interest and show cause notice for penal action. But the excess deposit of tax amount will lead to filling of refund application as there is no provision like maintenance of PLA register (as maintained by the Central Excise assessee) for the service tax assessee. Thus, they can not carry forward the excess amount. They have to pay the exact amount. There is also no provision for the adjustment also. The only provision of adjustment is available in Rule 6(3) which reads as follows: -
“Where an assessee has paid to the credit of Central Government service tax in respect of taxable service and the service tax in respect of taxable service, which is not so provided by him, either wholly or partially for any reason, the assessee may adjust the excess service tax so paid by him (calculate on pro rata basis) against the service tax liability for the subsequent period, if the assessee has refund the value of taxable service and the service tax thereon to the person from whom it was received.”
But the same situation is not available here and only solution is making an application for refund. The problem does not end here. If you are not able to estimate your tax liability exactly by due date then the department may ask for provisional assessment under Rule 6(4)of ibid. But it is very difficult procedure for small assessee of service tax. And too for the month of March only.
              5. Bank Holiday: - There is normally no transaction in the banks on year end. They are busy in closing their accounts. This will add fuel to fire. The assessee can deposit the tax on the next working day following the clause 6 of General Clause Act. But it will be against the basic objective of the Government to realize the amount in same financial year. The Board has to make extra arrangements for the same. They have to ask the bank to accept the Government dues on year end.
     Further, if the cheque is deposited on March 31 and realized later on then it will termed as payment of tax in time by virtue of Rule 6(2A) of aforesaid Rules. But when there is no transaction day in bank on march 31 then the cheque deposited on next working day will not be termed as payment by due date by the department. There is again scope for litigation.
6. Publicity: - This provision has changed the regular practice of paying tax by 25th of next month or quarter as the case may be. Seeing the large number of assessee registered with the department, this provision requires a very vide publicity. This can be done by newspaper, TV channels etc. But this will again incur a huge cost. The question again comes to mind that whether such a huge cost is feasible for just presentation of figures showing achievements of targets? The amount would have reached to the Exchequer on 25th of April. Should the hard earned money of the tax payers be wasted in this manner.
 
From foregoing, it is clear that the implementation of this provision will be very difficult. There is ample scope for litigation or refund claims, which will waste precious time and money of both department and assessee. Thus, this new provision of payment of tax by March 31 should be deleted from statue book.       
 
 
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com