Long pending S.T return

[Asish Kumar Nath]

Sir,

We are proprietorship company having S.T registration since 20.01.2005 ( Reg. No.not based on Pan No.) and on 29.03.2005 we deposit S.T through TR-6. Since then we have not submitted any return and not collected any service tax. At present also we also not rendering any service . Now my question is.........

1 Can we regularise the Return? If yes, shall we submitted the return from 2005 half yearly or we just can submit the return for the 1st half of current year?

2. Are we aligible to take credit the S.T paid by us on account of Import , Clearing and handling charges, transport and courier, Telephone bills, Electricity Bills etc.

3. Is the S.T credit  Amount refundable?

Please help me in this regard.

[NANDKUMAR SAGWEKAR]

Once registration is taken for Service Tax , it is obligatory to file half yearly return in Form ST - 3 . The ST 3 return for the  period of half year is 01-April to 30-Sept. - ST 3 to be filed on or before 25 th October and 01-October to 31-March to be filed on or before 25 th April without late fees .There after ,you have to pay the late fees . During the half year period the transactions are NIL , then also ST 3 returns has to be submitted.

Further w.e.f. 01-OCt-2011, all service tax assessees has to file ST 3 return electronically.

Delay for first 15 days late fees - Rs.500, 16 to 30 days Rs.1000 , beyond 30 days , Rs.100 per day maximum

upto Rs. 2000 ( upto 31-March-2011 ) and w.e.f. 01-April-2011 maximum limit is Rs.20000/-

 

Thanks

 

A M SHEMBEKAR

CELL NO. 91-9421187122

AI Summary

Service tax return obligation: registered assessees must file half-yearly ST-3 returns even if nil, with electronic filing and late fees. Registered service-tax assessees must file half-yearly Form ST-3 returns for each half-year period and must submit returns even if transactions are nil. Electronic filing became mandatory for all assessees from the specified effective date. A graded late-fee regime applies for delayed ST-3 submissions, with increasing fixed amounts for successive delay brackets and an overall maximum cap revised from a later effective date. The advisory response did not resolve the question about entitlement to input tax credit or refundability of service-tax paid on inputs.