SUBMISSION OF ST 3 RETURNS

[NANDKUMAR SAGWEKAR]

Dear All learned Members of this site.

M/s. Atul Constructions started providing construction services ( Residential Complex ) from 04-OCt-2010. He so far has under taken constructiion Jobs of  4 building consisting of  16 flats in each building , for all 64 flat proposed buyers ,he has done agreement to sale and collect the amount as per stages of costruction.

On 04-March-2012  , he has taken Service Tax Registration .

On 10-Mar-2012 , he paid the service tax liability forearlier quarters Oct.2010 to Dec 2010 , Jan 2011 to March 2011 , April 2011 to June 2011 , July 2011 to Sept 2011 and Oct. 2011 to Dec .2011.

Now Service provider  want to file ST - 3 returns , whether he has file  ST -3 returns for the period OCt 2010 to March 2011 and April 2011 to Sept. 2011 ? or

it is sufficient to show in the ST 3 of Oct. 2011 to March 2012 , one figure of ST paid for the period Oct 2010 to Sept 2011 as arrears of tax paid and not to file ST 3 returns for earlier period?

Awaiting the opinion of learned authors and members

 

ANAND SHEMBEKAR

[Mahir S]

Service Tax Returns are required to be filed only after issuance of Service tax Registration. Such returns cannot be filed for retrospective period prior to date of registration.

In your case, as the service tax registration is obtained in the month of March 2012, therefore the service tax return for the period i.e. Oct. 2011 to March 2012 is required to be filed; incorporating therein all the service tax liability for the past periods.

Also, filing of past returns shall attract huge amount of Penalty under Rule 7C, hence there is no need for filing such returns. There is also a provsion under Rule 78 for filing a Revised return, however the same shall not apply here.

Lastly, ensure that the Interest amount involved for the past period service tax liability is paid up immediately and the same is informed to the department, so as to avoid SCN and Penalty for the past period.

[YAGAY andSUN]

very true.

[NANDKUMAR SAGWEKAR]

I am very much thank ful to Mr.Naveed S for your valuable guidance.

 

Thanks and Best  Regards

 

A M SHEMBEKAR

[Mahir S]

My Pleasure......Thanks.......

AI Summary

Service tax return filing: register first, declare prior liabilities in current return and pay interest to avoid penalties. Service tax returns are required only after obtaining registration and cannot be filed for periods before registration. The taxpayer should file the return for the post registration period while incorporating any tax liability for earlier unregistered periods into that return. Separate filing of past-period returns is inappropriate and may attract substantial late-filing penalties. The revised-return mechanism does not cure retrospective non-registration. The taxpayer should pay interest on past liabilities promptly and inform the department to mitigate the risk of show-cause notices and penalties.