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Corporate News *   Government ignored warnings over GST rollout: sources *  GSTR 3B questionaire introduced- To be filled before filing return *  Advisory mail  to all the taxpayers received from GSTN *   Advisory group on GST submits report, suggests changes *   GST lifted oil demand on higher vehicle sales, says report *   Moody’s gives thumbs up to GST, demonetisation  *   Pass on rate cut benefits immediately, companies tell traders *   Focus will now be on simplifying forms, IT processes under GST: Sushil Modi *  Tax rates lowered on consumer goods,only luxury goods taxed @ 28% *   Businesses can revise GST transition claim form now *  Multiplex owners in UP demand clarity on refund as tax exemptions go away after GST *   GST compliance: A case of much ado about nothing *  PM hints more relief for traders & businesses to ease GST compliance burden *  Infosys deploys more people in states to ease GSTN load *   Further reforms are needed for the GST to succeed *   GST impact! Massive stock clearance discounts on apparels, gadgets likely in December *  Kerala HC releases Detained Goods since State has No Power to make Rules to regulate Inter-State movement of Goods under GST *  Infosys is to blame for GST Network glitches, say government officials *   Publishers versus authors: Who will pay GST on royalty? *   कपड़ा निर्यातकों ने कहा, जीएसटी के कारण भारत से शिपमेंट में आ सकती है भारी कमी *   Tax professionals protest over GST returns filing in Gujarat *  Publishers versus authors: Who will pay GST on royalty? *   Pilot Implementation of Paperless Processing under SWIFT *   Anti-dumping duty levied on the imports of " Color Coated/ Pre-Painted flat products of alloy or non-alloy steel " s *   Anti-dumping duty levied on the imports of "Wire Rod of Alloy or Non- Alloy Steel "   *   Exemption on goods imported by EOUs from integrated tax and compensation cess   *   Fixation of Tariff Value of Edible Oils, Brass Scrap, Poppy Seeds, Areca Nut, Gold and Sliver  *   Appointment of Common Adjudicating Authority by DGRI  *   Amendment in various Customs exemption notifications to exempt Integrated Tax/Cess on import of goods under AA/EPCG schemes  *   BCD and IGST rates on certain goods prescribed  
Subject News *   Vide the notification 71/2017-Central Tax ,dt. 29-12-2017, the Central government seeks to extend the time limit for filing FORM GSTR-1 in relation to outward taxable supplies for taxpayers having aggregate turnover upto  Rs. 1.5 Crore for the Quarter JUL-SEPT 2017 to 10th  January,2018. *   Vide the notification 72/2017-Central Tax ,dt. 29-12-2017, the Central government seeks to extend the time limit for filing FORM GSTR-1 in relation to outward taxable supplies for taxpayers having aggregate turnover more than  Rs. 1.5 Crore for the month JUL-NOV  to 10th  January,2018.   *   Vide the notification 73/2017-Central Tax ,dt. 29-12-2017the Central Government seeks to waive the late fees payable by registered person for failure in filing of FORM GSTR-4.   *   Vide the notification 74/2017-Central Tax ,dt. 29-12-2017 the government seeks to notify February 1, 2018 as the date from which the provisions of E-Way Bill Rules shall come into force. *     Vide the notification 75/2017-Central Tax ,dt. 29-12-2017 the Central Government seeks to make amendments in  Central Goods and Services Tax Rules, 2017. *   Inter - State e - way Bill to be made compulsory from 1st of February, 2018 ; system to be ready by 16th of January, 2018 *  Customs (Furnishing of Information) Rules, 2017 introduced *  GST network simplifies return filing process *   State FMs speak on GST implementation, bringing petrol under its ambit *  Shaky Budget in offing? *   GST woes dominate pre-Budget consultations to Arun Jaitley from stakeholders *   Anti-profiteering: Filing complaints against firms not an easy task *   Putting electricity in GST *   12%, 18% GST rates can be merged to new slab *  Inter state movement of rigs,tools and spares, and all goods on wheels (like cranes) would not attract IGST *   GST rate on terricotta idols is NIL rated *   All taxpayers  exempt from payment of tax on advances received in case of supply of goods *   Suppliers of services through an e-commerce platform are exempted from obtaining compulsory registration *   Refund of unutilized input tax credit of GST paid on inputs in respect of exporters of fabrics vide cicular no 18/2017 GST dt 16.11.17 *   Govt tells companies to pass on GST gains immediately *   Anti-profiteering authority to be set up under GST *   CBEC prescribes procedure for manual filing and processing of refund claims for zero rated supplies *  Changes in Tax rate of permanent transfer of Intellectual Property *  GST on Services by way of admission to protected monuments shall be exempted. *  Relevant Notification to be issued shortly, so as to be made available from 15th of November'17 *  Late fee payable for those where a tax liability arises will be Rs. 50/- per day. *  Supply of services by Composition taxpayer upto Rs 5 lakh per annum will be allowed *  Restaurants in hotel premises having room tariff of less than Rs 7500 per unit per day will attract GST of 5% without ITC. *  Restaurants in hotel premises having room tariff of Rs 7500 and above per day (even for a single room) will attract GST of 18% with full ITC. *  Job work services in relation to manufacture of those handicraft goods in respect of which the casual taxable person has been exempted from registration, shall be reduced to 5% with full ITC.  

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Publish Date: 18 Mar, 2016
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SERVICE TAX ASSESSEES TO FILE ANNUAL RETURN

SERVICE TAX ASSESSEES TO FILE ANNUAL RETURN

An article by:-
CA Pradeep Jain
CA Neetu Sukhwani &
Neelam Jain

 
Introduction:-
Although, with the government resorting to implement unified taxation regime GST in near future, it was hoped that the number of returns to be filed by an assessee would reduce substantially and this has been done in case of Central Excise Assessees which is highly appreciated by the trade and industry. However, at the same time, service tax assessees will be required to file Annual Return in addition to the half yearly returns presently filed by them. This has been done by amending Rule 7 of the Service Tax Rules, 1994 which will be applicable with effect from 01.04.2016. This article is an attempt to analyse the probable consequences of the amendment.
 
Glimpse of the Amendment:-Vide notification no. 19/2016-ST dated 01.03.2016, the Central Government has amended the Rule 7 of Service Tax Rules, 1994 by inserting certain new sub rules after sub rule (3) which read as follows:-
“(3A) Notwithstanding anything contained in sub-rule (1), every assessee shall submit an annual return for the financial year to which the return relates, in such form and manner as may be specified in the notification in the Official Gazette by the Central Board of Excise and Customs, by the 30th day of November of the succeeding financial year;
(3B) The Central Government may, subject to such conditions or limitations, specify by notification an assessee or class of assesses who may not be required to submit the annual return referred to in sub-rule(3A).”
Apart from this, amendments have been made in Rule 7B in order to facilitate revision of annual returns and in Rule 7C so as to impose late fees in case of delay in filing of annual return which is specified as amount calculated at the rate of one hundred rupees per day for the period of delay subject to maximum of twenty thousand rupees.
 
Analysis of the Amendment:-
·        Every assessee shall file an annual return in prescribed form. Government may exempt class of assessees who may not be required to submit annual return subject to conditions of limitations prescribed in the notification. It is pertinent to note that as per Notification no. 17/2006-C.E. (N.T.) dated 01.08.2006 as amended by Notification no. 42/2008-C.E. (N.T.), a Central Excise Assessee, who has paid duty of excise less than one hundred lakh rupees during the financial year to which Annual Financial Information Statement relates is exempted from filing the said statement in Form ER-4 that is required to be filed latest by 30th November of the succeeding year as per the provisions of Rule 12(2)(a) of the Central Excise Rules, 2002. Accordingly, it may be hoped that similar exemption is provided to service tax assessees based on the quantum of service tax paid in a financial year. However, as the small scale exemption limit in excise is much higher than that prevalent in service tax, there is possibility that the limit of service tax payment may be specified on lower side.
 
·        The last date for filing of annual return is 30th November of the succeeding financial year with the option to revise the return within one month from the date of filing of original return. The provision enabling revision of return is welcomed.
·        Late filing of annual return will invite late fees at the rate of Rs. 100/- per day during the period of delay subject to maximum of Rs. 20,000/-
 
Before Parting:-
Although, the requirement of Annual Return is akin to the ER-4 return to be filed by Central Excise assessees, but there will be substantial difference in the details to be submitted in the annual return filed by the service tax assessees. Moreover, in service tax laws, not only service providers but service receivers are also liable to pay service tax under special circumstances which is commonly known as ‘reverse charge mechanism’ or ‘partial charge mechanism’. Consequently, the assessees paying service tax under ‘reverse charge mechanism’ should be exempted from filing Annual Returns as the return would normally require assessees to provide information as regards income/expenditure incurred by them. 

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PRADEEP JAIN, F.C.A.

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