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Service Tax – Key Provisions At A Glance

8.1.      SERVICE TAX – KEY PROVISIONS AT A GLANCE

Section of the Finance Act/Rules there under

Nature of provision

Form No.

Time Limit

Interest for delay
Rs.

Penalty for failure
Rs.

Section 69 and Rule 4(1) and Section 77

Every person liable to pay service tax shall apply for registration to the Jurisdictional Superintendent of Central Excise.

ST-1

Within 30 days from the commencement of Service or the application of provision as the case may be.

NA

No exceeding Rs. 1000/-

Sec. 66 & 67

Rate of Tax :
Upto 13-5-2003 = 5%
14-5-2003 to 9-9-2004=8%
10-9-2004 to 17-4-2006=10.20%
18-4-2006 to 10-5-2007=12.24%
From 11-5-2007 = 12.36%

NA

NA

NA

NA

 
   

Rule 6(1) of Service Tax Rules and Section 76

Payment of Service Tax

Ø Individual , Proprietary Concerns or Partnership Firms

TR-6
Challan (Yellow Color)

25th. Of the month immediately following the quarter.(w.e.f. 1.4.2005 it is 5th of the month immediately following the quarter)

13% p.a. on the tax due

Rs. 100 per day till the failure is cured subject to a maximum or Rs.200 per day till the failure is cured but in any case it should not exceed the service tax payable.

W.e.f. 18-4-2006, it shall not be less than Rs.200 per day during which the failure continues or amount calculated at the rate of 2% per month on the tax due whichever is higher.

 

Ø Other Assessee

TR-6
Challan (Yellow Color)

25th. Of the month immediately following the month.(w.e.f. 1.4.2005 it is 5th of the month immediately following the month)

 

 

Section 70 and 77, Rule 7

Filling of Service Tax Returns ( in triplicate)

TR-6
Challan (Yellow Color)

25th of the month following the respective half-year. W.e.f. 1-3-2008, Revised Returns can be submitted within 90 days from the date of submission of original Return.

NA

Not exceeding Rs.1,000/- W.e.f. 11-5-2007, the maximum penalty is enhanced to Rs. 2,000/-

Section 74

Rectification of apparent mistake by the Assessing Authority.

Application for rectification

2 years from the date of order sought to be rectified.

NA

NA

Section 84

Revision of Assessment Order by Commissioner of Central Excise.

NA

2 years from the date of order sought to be revised.

NA

NA

Section 85

Appeal to Commissioner of Central Excise ( Appeals)

ST-4

3 months from the date of receipt of order. Further, delay upto 3 months can be condoned by CCE (Appeals) on sufficient clause.

NA

NA

Section 86

Appeals to customs, Excise, Service Tax, Appellate Tribunal by the Assesses. – if it is by the Department

ST-5

ST-7

3 months from the date of receipt of order from the CCE (Appeals). Further delay can be condoned by the Tribunal  on sufficient cause.

NA

NA

Sec/ 35H of the Central Excise Act.

Statement of cause to High Court on question of law.

EA-6 of Central Excise (Appeals) Rules.

180 days from the date of the order of the Tribunal. Further, delay can be condoned by the High Court on sufficient cause.

NA

NA

Sec. 35-L of C.E. Act.

Appeal to Supreme Court.

--

--

NA

NA

Art. 226/32 of the Constitution of India.

Invoking Writ Jurisdiction of High Court and Supreme Court.

As per High Court/ Supreme Court Writ Petitions Rules.

At the earliest without any laches.

NA

NA

Section 78

Penalty for suppressing the value of taxable service.

NA

NA

NA

Not less than the service tax sought to be evaded but shall not exceed twice the amount of service tax sought to be evaded. It is 25% of the tax determined subject to the payment of determined tax and interest within 30 days of the order.

Section 77

Penalty for failure to comply with the notice issued by the Assessing Authorities.

NA

NA

Within the time stated in the notice.

Not exceeding Rs. 1,000/-

Rule 9(9) of the Cenvat Credit Rules,2004

 

 

Rule 9(10) of the Cenvat Credit Rules,2004

Filling the Returns by Output Service Provider

 

 

 

Filling the Returns by Input Service Distributor.

Format to be notified

 

 

 

Format to be notified

By the end of the month following the particular quarter or half year as the case may be

Half yearly Return in the prescribed format before last day of the month following the half year period.

NA

Not exceeding Rs.1,000/-

Rule 3 of Service Tax (Advance Rulings) Rules

Filing of an application for Advance Rulings.

AAR (ST)

Anytime by the Non-residence who proposes to set up business in India either as a joint venture or as a wholly owned subsidiary.

NA

NA

 
 
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