Revised return of Service Tax

[Ravi Arya]

Let me know if an assessee failed to revise his St-3 (original) in the prescribed time (90 days for ST-3 Return) by the CBEC then what is the further necessary action to revise ST-3 Return. whether hard copy of Revised ST-3 is not acceptable by department.

Ravi Arya

[Himansu Sekhar]

Rule does not permit the filing of revised returns beyond the prescribed period. Manual filing is also not allowed. It is upto the officer to consider your plea.

[Ravi Arya]

is there any provision for penalty in Service Tax Rules if prescribed time is over for revised return ??

[DR.MARIAPPAN GOVINDARAJAN]

The purpose of filing revised return is to make any correction or addition or deletion in the original return filed by the assessee. In such cases the assessee may file revised return that too within 90 days from the date of filing the original return. If the assessee is not able to file revised return he may approach the jurisdictional Superintendent in this regard. No hard copy would be acceptable by the department.

[DR.MARIAPPAN GOVINDARAJAN]

There is no penalty for non filing of revised return within the limitation period. But you may face for the difference not rectified by the Departmental officers at the time of audit or scrutiny of returns, since the return is the basic document in which the assessee furnishes the information on the basis of self assessment.

[Himansu Sekhar]

It is a self assessment instrument. Any information obtained by the department beyond the return is subject to assessment and consequential actions.

[KASTURI SETHI]

Dear Querist,

After agreement with both experts, I add that mismatch of data in ST-3 return with your books of account means mis-declaration in ST-3 return and thus maximum penalty of ₹ 10000/- under Section 77 (b) of the Finance Act is imposable.

[Ganeshan Kalyani]

In my view a revised return should be submitted with covering letter to the jurisdictional superintendent. This will help at the time of audit to mention that an attempt was made to set right the details already submitted vide online return. Thanks.

[KASTURI SETHI]

I support the views of all the experts. As advised by Sh. Ganeshan Kalyani ji, if the querist gives intimation to the Range officer in writing, he would make his intention clear to the effect that mismatch of figures in ST-3 with books of accounts is not deliberate act and no mala fide intention is involved. In this he shall be successful in waiving off imposable penalty from the proper officer. Pl note I have used the word, 'shall' and not 'Will'. Thereafter, R.O. may take up the matter with ACES Directorate. Revised return cannot be filed after 60 days. But the department shall take lenient view by virtue of letter

The querist must write better. No officer refuse to receive the letter. There are instructions from the Board regarding not to refuse any letter.

AI Summary

Revised return requirements: revised service tax returns are time limited; notify the tax superintendent to seek acceptance and mitigate penalties. Revised ST-3 returns must be filed within the prescribed time limit (advisers cite ninety days); manual or hard copy filings are not normally accepted and late filing is subject to officer discretion. There is no separate penalty solely for late filing of a revised return, but mis declaration in the ST-3 vis a vis books may attract penalty. Taxpayers are advised to notify the jurisdictional superintendent or range officer in writing and submit a covering letter to document corrective intent and seek administrative leniency.