ADMINISTRATIVE PROCEDURE

PAYMENT OF SERVICE TAX (Section 68 & Rule 6) :

•    Service tax to be paid:

•    By individual, proprietary firm or partnership firm - on quarterly basis by 5th of the month immediately following said quarter

•     By others - on monthly basis by 5th of the month immediately following the said month and for March month or or before 31, March.

•     Service tax to be paid in Form TR-6 challan (yellow colour) in quadruplicate into the designated bank. 

•     The date of presentation of cheque to the designated bank shall be the date of payment, provided the cheque is not dishonoured.

•      Excess tax paid for service which is not rendered fully, is allowed to be adjusted against subsequent period's liability, provided the service charges & service tax thereon is refunded to the service recipient.

•      Application to be made to Assistant Commissioner/Deputy Commissioner (AC/DC) to make provisional assessment of tax, when assessee is unable to correctly estimate actual tax payable.

FILING OF RETURNS/E-RETURNS (Section 70 & Rule 7)

•     Half yearly returns to be filed by 25th April and 25th October in every financial year.

•     Returns to be filed in Form ST-3 in triplicate, indicating inter alia, month wise details for each of the taxable service rendered along with relevant TR-6 challans and Form under Rule 5(4), in case input tax credit is availed.

•     Option to file returns electronically (E-returns) available from 1st January, 2004 for all categories. (Circular no. 71/1/2004 ST dated 2nd January 2004)

•     The first return to be accompanied by a list of all accounts maintained by the assessee in relation to service tax including memoranda received from his branch offices.

•     There is no provision for revising the return.

•     A NIL return is also required to be filed.

•     In case of provisional assessment for any month/quarter, assessee to submit a memorandum in Form ST-3A, giving details of difference between the provisional amount of service tax deposited and the actual amount of service tax payable for each month along with the half-yearly return in Form ST-3.

•    There is no provision for revising the service tax return once it is filed.