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PUNE
‑ I COMMISSIONERATE
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S.No. |
Name of the
officer |
Designation |
Telephone/Fax
No. |
|
01 |
Shri. S.V. Singh |
Addl. Commr. |
26051806 |
KOLHAPUR COMMISSIONERATE
|
S.No. |
Name of the
officer |
Designation |
Telephone/Fax
No. |
|
01 |
Shri. S.H. Dange |
Joint Commr. |
26129198 |
PUNE
‑ III COMMISSIONERATE
|
S.No. |
Name of the
officer |
Designation |
Telephone/Fax
No. |
|
01 |
Shri. S. R.
Deoghare |
Deputy. Commr. |
26053887 |
I. WHAT IS SERVICE TAX
The
service sector has grown rapidly in
the past decade , thereby occupying a
major space in the Indian economy and
contributes about 52 % to the Indian
GDP today . Realizing the importance
and bright future of this sector , the
Government of India introduced
taxation on services from 1994 . As on
June ' 2004 total 59 services
services are attracting Service Tax .
For
definition of above services please
see Section 65 of Chapter V of the
Finance Act , 1994 .

IV. REGISTRATION
Every
person / Company rendering any of the
taxable services is required to be
registered as a Service Tax assessee .
Taking registration is a very simple
process . An application for
registration is required to be
submitted within 30 days of the
imposition of Service Tax on a
particular service . or date of
commencement of service whichever is
later . The assessee has
to apply in the prescribed Form ST-1
to the respective Commissionerate/
Divisions.
The registration is granted within
maximum seven days of the application
being made . If registration is not
granted within seven days , it will be
deemed to have been granted to the
assessee as per the sub rule (5) of
Rule (4) of Service Tax Rules , 1994 .
Alongwith the ST-1 application form ,
the xerox copies of the following
documents may be submitted .
(I)
Proof of Address
(II)
PAN Number
(III)
Shop Act Licence, if any
V.
RECORDS
TO BE MAINTAINED BY THE ASSESSEE
The
assessee is at liberty to maintain the
records in his own format.However, the
record should indicate the amount of
all taxable transactions , the bills /
invoices issued , amount received,
etc.The assessee has to submit a list
of all the accounts maintained by him
at the time of filing the first
Service Tax return. The assessee is
required to preserve the records for
the last five years.
VI. The S.T. 3 RETURN
All
the assessees are required to submit
six monthly Return in TRIPLICATE (In 4
copies if acknowledgement is required)
a) The
Return for the period from APRIL
to SEPTEMBER is to be filed on or
before 25th OCTOBER of
every year .
b) The Return for the period
from OCTOBER to MARCH is to be filed
on or before 25th
APRIL of every year .
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It is advised that the assessee
should deposit the Service Tax
sufficiently in advance in the
month so that he can get TR-6
Challans from the Bank in next
three to four days and then can
file ST-3 Return before 25th
i.e. before due date. The
assessees are requested to avoid
filing ST-3 Return on the last
date as it leads to overcrowding
and inconvenience to the assessee.
If Service Tax is deposited on 25th,
bank may not be able to give TR-6
Challan back on same day if there
is heavy rush at the Bank and then
the assessee may not be able to
file his return in time . The late
filing of Returns attracts penalty
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Click here for model ST-3 Return

VII. PAYMENT
OF SERVICE TAX
A)
The Service Tax is to be paid by
Limited Companies on a monthly basis
on or before 25th Day of the following
month.
The
Service Tax is to be paid by
Individuals, Proprietary Firms, etc ;
on a Quarterly basis on or before the
25th Day of the month following the
relevant Quarter i.e.
a) For the Quarter April, May &
June the Service Tax is to be paid on
or before 25th July.
b) For the Quarter July, August
& September the Service Tax is to be
paid on or before 25th October
c) For the Quartet October,
November & December the Service Tax is
to be paid on or before 25th January.
d) For the Quarter January,
February & March the Service Tax is to
be paid on or before 25th April.
If Service Tax is not paid in time,
the assessee will have to deposit
interest along with Service Tax &
penalty will also be leviable.
B ) MODE OF PAYMENT OF SERVICE TAX
TR 6
Challan
Service
Tax is to be paid in the
designated Bank ( Normally in selected
branches of Bank of Maharashtra & only for Chakan and
Walchandnagar Bank of India ) along
with 4 copies of TR 6 Challans. Four
copies of TR 6 Challans duly filled in
are to be submitted to the Bank along
with cash/ cheque, Bank will keep two
copies with them & two copies will be
returned to the Assessee. Out of these
two copies returned, Assessee will
keep one copy with him & one copy will
be submitted to the Service Tax
Department along with ST 3 Return
only.
(
TR- 6 Challans should be in YELLOW
COLOUR ONLY )
CLICK
HERE FOR MODEL TR-6 CHALLAN
VIII. SERVICE
TAX CREDIT
Credit
of Service Tax paid by another
assessee is allowed in the same
category of Service from
16.08.2002 .
The “ input service ” and
“ output service ” should be within
the same category . This is
mainly to
avoid double taxation . For
details please see Service Tax
Credit Rules ’ 2002 .
CLICK HERE FOR RETURN UNDER RULE-5 OF
THE SERVICE TAX CREDIT RULES , 2002.
IX. PENALTIES
Chapter V of the Finance Act , 1994 ,
provides for imposition of the
following penalties :-

1. Section
75 :-
Interest rate is 15 % per annum i.e.
1.25% per month for
depositing service tax after due date.
2. Section
75 A :-
Penalty for failure to take
registration is Rs. 500/- which is
mandatory.
3. Section
76 :-
Penalty for failure to pay Service
Tax. It is not sufficient that,
assessee deposits Service Tax along
with interest thereon. In
addition to Service Tax and interest
they are also liable to pay penalty
which may extend to Rs. 200/- per day
for each day of delay .
4. Section
77 :-
Penalty for late filing of return.
Assessee is liable to pay penalty of
Rs. 1000/- per return for not
submitting the return in time.
5.
Section
78 :-
If the assessee with intent to evade
payment of Service Tax , has
suppressed or concealed the
value of taxable service or has
furnished in accurate value of such
taxable service , assessee is liable
to penalty , in addition to
service tax and interest payable
, equal to Service Tax sought to
be evaded which may extent to double
the Service Tax sought to be evaded .
6. Section
79 :-
Penalty for failure to comply with
notice. If assessee does not
produce documents to the
Superintendent as per section 71, then
he is liable to deposit, in addition
to Service Tax and interest
thereon, penalty of 10 % to 50% of the
Service Tax avoided.
X. Liability
of Service Tax :-
Liability of
Service
Tax is normally on the service
provider . However relation to any
taxable service provided by person who
is a non resident or is from out side
India office in India , the person
receiving the taxable service in India
is liable for paying the Service Rule
2 ( d ) of Service Tax Rules , 1994 )
a) Service
Tax Credit
:-
From
16.08.02, Government has introduced
Service Tax Credit to avoid double
taxation. This facility is
available only within the same
category of Service. ( refer Service Tax Credit
Rules , 2002 ) . From 14.05.2003 -
Service Tax Credit Rule 2002 has been
amended to allow credit of Service Tax
from input services for utilizing such
credit towards payment of Service Tax
in any output service been
issued on 14.05.2003 .
XI. MAJOR CHANGES IN 2003:
(A)
It has been proposed in
the Budget for introduction of
following new Services for Service
Tax levy.
1)
Commercial Vocational Institutes,
Coaching Centres and private
Tutorials.
2)
Certification Services
3)
Maintenance & Repair Services.
4)
Commissioning and Installation
Services.
5)
Business Auxiliary Services, namely
Business Promotion and support
Services including Customer care
Services (excluding and Information
Technology Services)
6)
Internet Café.
7)
Franchisee Services.
XII. SERVICE
TAX
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