Service Tax Prepared By :- Arvind Kumar Bochiwal.
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Transcript of Service Tax Prepared By :- Arvind Kumar Bochiwal.
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Service Tax
Prepared By :- Arvind Kumar Bochiwal
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THE AREAS OF INTEREST (link)
Administration of Service TaxRegistrationCentralized registrationRefunds/RebatesST3 Returns – filling & filingAuditAnti-evasion– DGCEI & CommissionerateInterpretations/ Clarifications
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Commissioners of Central excise headed by chiefs
Chief Commissioners of Central Excise
Central Board of Excise & Customs
Department of Revenue
Ministry of Finance
ADMINISTRATION OF SERVICE TAX
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RegistrationDOCUMENTS REQUIRED
ST1- Properly filledPAN Number proofProof of address:
Office to be registered Utility bills - telephones, electricity rent/lease deed along with NOC from landlord Any other document which proves the address
Residence of Director/Partner/Proprietor Driving license, Passport, utility bills
Power of attorneyDocumentary proof in case of specific services eg
Stock Brokers, Forward Contract service, CA etc.Memorandum/Articles of Association/ Partnership
deed
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Registration – Some PointersOne registration for all services provided
or receivedCentralized receipt of ST1 in divisionsOnly complete forms are accepted –
Deficiency memos in all other cases.Registration is being granted within 7
days and delivered to your address by speed post
Application for Registration & returns are being accepted by 22 Post offices in Delhi only (pilot project) – on payment of Rs 100/-
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Centralized RegistrationProper Documentation as per TNLead Time as verification at Division,
Commissionerate and DGST levelService Receivers Proper filing of ST1 - is considered a
fresh registrationPayment, Returns & AuditCenvat Utilization – Transfer to
manufacturing Units
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Refund/Rebate Procedure Rebate:
Declaration to be filed as per Not 12/2005-STDeclaration to be timely & proper containing the
details mentionedRebate to be filed along with proper documents –
original invoices & BRC must Eligibility of inputs/input services for rebate
Refund:Bank Realization CertificateProof of duty payment – invoice & Record for
accumulation and utilization of creditEligibility of input/input service for refundDetails of Export and total turnover
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ST3 Return – filling & filingValue:
Billed: Gross Exempt Services Exported Service Net on which tax is to be paid
Abatement ClaimedAmount Received:
taxable service rendered Advance received
Service Tax Payable (CALCULATOR.XLS)
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ST3 – Contd. Details of Other Payments:
ArrearsEducation Cess InterestPenaltyMiscellaneousExcess amount paid and adjusted subsequently
CreditOpening BalanceCredit availed on inputs/capital goods/ input servicesCredit recd from Input Service DistributorCredit UtilizedClosing Balance
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E-filing of Service Tax Return File an application to the concerned Division at
least 1 month before the date of filing of return.
A user id and password should be issued to him within 10 days along with technical details
Assesses to download ST3 and TR6 challans and enter the necessary details and file the returns
Receipt is generated along with a key number which is a proof enough
No documents required to be filed
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Audit Criterion – service tax payment (Cash + Credit)
Payment > 50L : yearly 25L < Payment < 50L : Once in 2 years 10L < Payment < 25L : Once in 5 Years Payment < 10L : Risk assessment –2% of total assesses
Procedure : Prior intimation Supply of Documents – balance sheet, returns etc Visit, scrutiny, pointing out of discreperancies, discussion,
recovery, draft audit para Audit Board Meeting approves each para before issue Issue of para – dispute resolution – SCN & Adjudication
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Anti-evasionCommissionerate & DGCEI have
concurrent jurisdictionSummons in case there is reason to
believe that there is evasion of Service Tax
Documents/ Accounting Statements / Invoices
Dispute resolution – SCN & Adjudication
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Interpretations/ ClarificationsClarifications in case of doubts regarding
specific applicability of law to a particular case Prefer not to talk in terms of hypothetical cases
Letter should be accompanied by necessary documents/ contracts etc.
Clarifications being issued solely by the commissionerate headquarters
In doubt, further reference is made or practice ascertained from other commissionerate
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Forms of Service Tax
Form STR3Form STR3AForm STR3EForm ASTR2Form STR5Form STR6Form STR7
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Thank You!
THANK-YOU
From -> Arvind Kumar Bochiwal