Service tax pmt - ST3 reg

[venkat eswaran]

Dear All,

We are mfg industry, as per in recent Excise audit points raised we have ser tax for cab rent and legal chrgs in mar-16 related to earlier months.

My question is whether we have to show these payments details in ST-3 half yearly return for the period Oct-Mar'16

Expecting ur valuable reply

Thanks in advance

Venkat

[Rajagopalan Ranganathan]

Sir,

With effect from 1.3.2015 the credit can be taken within one year from date of issue of invoice. You can show the credit taken in March 2016 in ST-3 return to filed for the period October 2015 to March 2016 subject to the above condition.

[Ganeshan Kalyani]

Sir, if payment of service tax liability arisen out of audit objection of the services pertaining to say May 15, is paid in the month of March 16, then whether the assesse is supposed to show such details in the first half yearly return or in the second half yearly return or it is not required to be disclosed in the return, because it is paid only out of audit objection and post payment of the dues the inspector has given a clearance letter stating that the assesse has complied to the audit objection by paying the dues pointed out by the auditor and audit is concluded. Please discuss.

[KASTURI SETHI]

Sir,

It is required to be disclosed and shown in ST-3 return for half-year ending March,16. All the transactions are to be accounted for and shown in the respective ST-3 return irrespective of the situation whether ST paid subsequently on being detected by the assessee or being pointed out by the Audit or any wing of the department.

[KASTURI SETHI]

Short levy of ST pertaining to March, 15 and deposited in March, 16 would be shown in arrears' col. in ST-3 for half year ending March, 16.

[Suryanarayana Sathineni]

In my view and understanding of the query is

pertaining to non-payment of service tax on the specified 2 services in the relevant months.

the amount was paid only on pointing out by the Audit that too in the month of April with interest (presumed)

In this situation, it is appropriate to show such payment in the subsequent return April to September and need not incorporate in the March return since the date of payment by way of chalan is in April.

Best Regards

Suryanarayana

[CSSANJAY MALHOTRA]

Endorse the view of Sh, Kasturi ji #5 dated 16.04.16, as the entry for past tax payments has to be mentioned only in Arrears Payment in ST-3 return.

Mr,. Venkat, please review the tax payment date and accordingly follow the views of Sh. Kasturi ji & Sh. Suryanarayana ji.,

[DR.MARIAPPAN GOVINDARAJAN]

I also endorse the views of Shri Kasthuri Seth and Shri Sanjay

[Ganeshan Kalyani]

Thanks to all the experts to resolve the issue. After reading Sri Kasturi Sir and Sri Surya Sir's view I was about to post subsequent query asking that whether to disclose such details in March ending return or in April to September return. But it got cleared when logically thought. That is, if such payment is made in the month of April after 25th then it can be shown only in the April to September return and if paid before the said date then it can be shown in March ending return. Thanks.

[venkat eswaran]

Thanks for all your replies and suggestions

My another query is is show this in ST3 where i have to show? in ST-3 Part -G there is a row for Arrears, Interest, Penalty, any other amount etc, Whether we have to show that pmt against this column?

Thanks in advance

Venkat

[DR.MARIAPPAN GOVINDARAJAN]

You have to show it in the arrears column. If you also paid interest that amount is to be shown in the interest column.

AI Summary

Service tax disclosure: payments for earlier period liabilities must be reported in the return for the period when paid. Payments of service tax for earlier periods detected by audit must be declared in the ST 3 return for the half year in which the tax is actually paid. Short levies and past period liabilities are to be entered in the arrears column (Part G) and interest paid must be shown in the interest column. Cenvat credit is subject to the one year time limit from invoice date effective March 1, 2015.