Friends,
Service Tax is a tax which is payable on services provided by the service provider. Just like Excise duty is payable on goods which are manufactured, similarly Service Tax is payable on Services provided. This Tax is payable by the provider of Service to the Govt. of India. However, the Service Provider can collect this Service Tax from the Consumer of Service (also referred to as Recipient of Service) and deposit the same with the Govt.
After deducting the Service Tax, the service provider have to file a return on this account. A Notification bearing no. 47/2012 dated 28.09.2012 which may be read as given under about service tax return for First Half year for FY 2012 -13 has been issued by the Department. In the said notification it has been informed that this time assessee are required to file service tax return for the period 01.04.2012 to 30.06.2012 instead of 01.04.2012 to 30.09.2012 and due date of return remains the same. The period mentioned in the Notification is 01.04.2012 to 30.06.2012 and it was general query among the assessee what about the return 01.07.2012 to 30.09.2012, then department comes with clarification on 28.09.2012 that they will inform the fate of next period in due course.
SERVICE TAX (FOURTH AMENDMENT) RULES, 2012 - AMENDMENT IN RULE 7
NOTIFICATION NO. 47/2012 ST, DATED 28-9-2012
In exercise of the powers conferred by sub-section (1) read with sub-section (2) of section 94 of the Finance Act, 1994 (32 of 1994), the Central Government hereby makes the following rules further to amend the Service Tax Rules, 1994, namely:-
1. (1) These rules may be called the Service Tax (Fourth Amendment) Rules, 2012.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Service Tax Rules, 1994, in rule 7, in sub-rule (2), the following proviso shall be inserted, namely:-
"Provided that the Form 'ST-3' required to be submitted by the 25th day of October, 2012 shall cover the period between 1st April to 30th June, 2012 only."
Now Department has come again with a new circular,that due date of service tax return for 01.04.2012 to 30.06.2012 is here by extended to 25.11.2012.
RULE 7 OF THE SERVICE TAX RULES, 1994 - RETURNS - EXTENSION OF TIME TO FILE RETURN IN FORM ST3
ORDER NO. 3/2012 [F.NO.137/99/2011-ST], DATED 15-10-2012
In exercise of the powers conferred by sub-rule (4) of rule 7 of the Service Tax Rules, 1994, the Central Board of Excise and Customs hereby extends the date of submission of the return for the period 1st April 2012 to 30th June 2012, from 25th October, 2012 to 25th November, 2012.
The circumstances of a special nature which have given rise to this extension of time are as follows:
(a) ACES will start releasing the return in Form ST3 in a quarterly format, shortly before the due date of 25th October, 2012.
(b) This will result in all the assessees attempting to file their returns in a short time period, which may result in problems in the computer network and delay and inconvenience to the assessees.
