Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   Government extends deadline for GST returns filing for taxpayers affected by cyclones *  GST on banks' 'free services' may be passed on to customers *   Govt staring at a shortfall of Rs 500 bn to Rs 1 trn in GST collection? *  Ministry seeks to bring aviation fuel under GST. *  Centre, states apportion Rs 33,000 cr IGST in November. *  GST: Government Extends Deadline For Filing TDS Returns For Oct.-Dec. To January 2019 *  Indirect Tax Evasion During April-October Stands At Rs 29,088 Crore *   Tax Collection Growing By 15-20 Per Cent Every Year: Arun Jaitley *   GST Compensation Paid To States Declines To Rs 11,900 Crore in August-September *  GST Practitioners Enrollment Exam In December *  GST can’t be Deducted from Salary of Employees sponsored by UPNL: Uttarakhand HC *  Chennai businessman held for Rs 61 crore GST evasion . *  Govt issues Advisory to UIN Entities claiming GST Refunds *  GST paid under a Wrong Head by Mistake can be Transferred to the Right Head: Kerala HC *  CBIC clarifies Scope of Principal and Agent Relationship *  Tea Board of India liable to collect TCS from Tea producers and Auctioneers: CBIC *  Rs 82,775 Cr to Exporters Cleared, Rs 5,400 Cr Pending as on Oct 31 *  Kerala HC orders to take Photographs of Goods since Issue was Misclassification *  Changes in E-way Bill from 16th November 2018 *  Over 2 lakh assessees who migrated from VAT regime opt out of GST net *  GST Practitioners Enrollment Exam In December *   Bombay HC asks Petitioners seeking amendment in GST TRAN 1 to make representation before CBIC; directs CBIC to address within 12 weeks *   Congress will bring single slab GST: Rahul Gandhi *   Centre, states apportion Rs 32,000 crore IGST in October *   GST payers to be divided into four categories for targeted approach *   Centre contemplating bringing petrol, diesel under GST *    Event Management Support Services provided in Goa to a Registered Person in Maharashtra subject to Integrated GST: AAR   *   Haryana to form GST Appellate Tribunal *  Unprecedented tax reforms undertaken by Indian Customs for enhancing easy of doing business. *  Companies rush to match input tax credit with vendor returns
Subject News *   GST returns witness substantial increase in J&K: Tax dept *   Banks to impose GST on ATM usage, issue of cheque books, additional credit cards *   Realtors want different GST rates based on location of projects *  Keeping it simple: Reconciliation of GST data in 5 steps. *  India Inc seeks more time for filing GST annual returns, audit reports. *  Simplified GST return forms to be rolled out from April 1: Revenue Secretary *  CAIT urges FM Arun Jaitley to extend last date for GST filing to March 2019 . *  Air conditioners, TVs may get cheaper as GST Council likely to slash tax rate to 18% *  Key points for first ever filing of GST Annual returns. *  Government extends GST annual return filing date to March 31, 2019 *  Furnishing GST annual return extend deadline by 3 months: ICAI to CBIC *  Credit to MSEs up 5 times to Rs 1.23 lakh crore post GST: SBI study *  Need GST Council like federal institution in healthcare, farm sector: Arun Jaitley. *   How GST will cruise ahead with new-age tech ? *  GST a ‘monumental reform’: finance minister Arun Jaitley *  AB Pandey takes over as revenue secy; to focus on enhanced tax compliance via technology integration.   *  GST revenue mop up at ₹97,637 cr in Nov *   Process of getting ATF under GST bracket underway, says Jayant Sinha *   Arun Jaitley to present interim budget in February, may include tax measures *   Tax soup for restaurants not sharing service charges with staff *   Amendments to State GST Act introduced *  NAA drops Anti-profiteering charges against Fab India. *  Gur-ta-Gaddi Tercentenary Celebration is a Religious Event: CESTAT quashes Service Tax Demand for setting up Temporary Camps  *  Strange Attitude of Dept insisting Payment of Tax in Cash or DD is against the Spirit of GST: Kerala HC *  Levy of GST on Liquor License Fees. *  GST Evasion: Two more arrested in Hyderabad *  CBIC to Monitor Grievances of MSMEs on a Daily basis *  India's economic growth held back due to note ban, GST: Raghuram Rajan *  Bengaluru:Rs 1,200 Crore GST Fraud Busted *   Re-Opening of GST TRAN-1 to Rectify Errors; Bombay HC asks CBIC to resolve Issue within 12 Weeks.  

Comments

Publish Date: 18 Mar, 2016
Print   |    |  Comment

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. 

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