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Seeks to amend the Service Tax Rules 1994 so as to prescribe the revised return Form ST3 and also stipulate that the last date for filing a return for the period July 2012 to September 2012, is 25th March 2013
February, 26th 2013

TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II,   SECTION 3, SUB-SECTION (i)

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

(DEPARTMENT OF REVENUE)

 

Notification No.  01/2013-Service Tax

 

New Delhi, the  22nd February, 2013

 3 Phalguna, 1934 Saka

           

G.S.R (E).-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 ( Amendment) Rules, 2013.

           (2)  They shall come into force on the date of their publication in the Official Gazette.

 

2.      In the Service Tax Rules, 1994, -

      (a) in rule 7, in sub-rule (2), after the proviso, the following proviso shall be inserted, namely:-

 

             “ Provided further that the Form ST- 3 for the period between the 1st day of  July 2012  to the 30th day of September 2012, shall be submitted by the 25th day of March, 2013”;

 

       (b)   for Form ST-3, the following Form shall be substituted, namely:-

 

 

“FORM ST-3”

(Return under section 70 of the Finance Act, 1994 read with rule 7 of Service Tax Rules, 1994)

(Please see the instructions carefully before filling the Form)

 

PART-A GENERAL INFORMATION

A1

ORIGINAL

 

REVISED

 

(Please tick whichever is applicable)

 

A2 STC Number: 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A3  Name of the assessee:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A4

Financial Year

 

 

 

 

-

 

 

 

 

 

A5  Return for the period (Please tick the appropriate period)

 

April – September

 

 

October - March

 

 

 

 

A6

A6.1

Has the assessee opted to operate as “Large Taxpayer” Unit [‘Y’/’N’](As defined under Rule 2(ea) of the Central Excise Rules, 2002 read with Rule 2 (1) (cc) of the Service Tax Rules, 1994)

Yes/No

A6.2

If reply to column A6.1 is Yes, name of Large Taxpayer Unit opted for  (choose from List)

Dropdown List of LTUs

 

A7  Premises Code Number:         

 

 

 

 

 

 

 

 

 

 

 

 

A8   Constitution of the assessee (Please tick the appropriate category)

A8.1 Individual/Proprietary

 

 A8.2 Limited liability Partnership

 

A8.3 Registered Public Ltd.    Company

 

 A8.4 Registered Private Ltd. Company

 

A.8.5 Registered Trust

 

A8.6 Society/Co-operative Society

 

A 8.7 A firm

 

A8.8 Hindu Undivided Family

 

A 8.9 Government

 

 A8.10 An association of persons or body of individuals, whether incorporated or not

 

A.8.11 A local authority

 

 A8.12 Every artificial juridical person, not falling within any of the preceding categories

 

 

 

A9  Taxable Service(s) for which tax is being paid

 

 

 

 

 

 

 

 

 

 

 

 

A10  Assessee is liable to pay service tax on this taxable service as –

(Please tick the appropriate category)

A10.1 A Service Provider under Section 68(1)

 

A10.2 A Service Receiver under Section 68(2)

 

A 10.3 A Service Provider  under partial reverse charge under proviso to Section 68(2)

 

A10.4 A Service Receiver under partial reverse charge under proviso to Section 68(2)

 

A 10.5 If covered by A10.3 above, then the percentage of service tax Payable as provider of service

 

A10.6 If covered by A10.4 above, then the percentage of service tax Payable  as recipient of service

 

 

A11 EXEMPTIONS

A11.1Has the assessee availed benefit of any exemption notification (‘Y’/‘N’)

 

A11.2If reply to A11.1 is ‘Y’, please furnish Notification Nos. and Sl. No. in the notification under which such exemption is availed

 

 .

 

A12 ABATEMENTS

A12.1  Has any abatement from the value of services been claimed (‘Y’/‘N’)

 

A12.2  If reply to A12.1 is ‘Y’, please furnish Notification Nos. and Sl. No. in the notification under which such abatement is availed:

 

 .

 

 

 

 

A13 PROVISIONAL ASSESSMENT

A13.1Whether provisionally assessed (‘Y’/‘N’)

 

A13.2 If reply to A13.1 is ‘Y’, please furnish Provisional Assessment Order No. &

         Date

 

 

PART-B VALUE OF TAXABLE SERVICE AND SERVICE TAX PAYABLE

(TO BE DISPLAYED SERVICE-WISE)

 

B1  FOR SERVICE PROVIDER

 

Month / Quarter

Apr/Oct

May/Nov

Jun/Dec

July/Jan

Aug/Feb

Sep/Mar

B1.1

Gross amount (excluding amounts received in advance, amounts taxable on receipt basis, for which bills/invoices/challans or any other document may not have been issued) for which bills/invoices/challans or any other documents are issued relating to service provided or to be provided (including export of service and exempted service)

 

 

 

 

 

 

B1.2

Amount received in advance for services for which bills/invoices/challans or any other documents have not been issued

 

 

 

 

 

 

B1.3

Amount taxable on receipt basis under third proviso to rule 6(1) of Service Tax Rules, 1994 for which bills/invoices/challans or any other documents have not been issued

 

 

 

 

 

 

B1.4

Amount taxable for services provided for which bills/invoices/challans or any other documents have not been issued

 

 

 

 

 

 

B1.5

Money equivalent of other considerations charged, if any, in a form other than money

 

 

 

 

 

 

B1.6

Amount on which service tax is payable under partial reverse charge

 

 

 

 

 

 

B1.7

Gross Taxable Amount

B1.7 = B1.1+B1.2+B1.3+B1.4+

            B1.5+B1.6

 

 

 

 

 

 

B1.8

Amount charged against export of service provided or to be provided

 

 

 

 

 

 

B1.9

Amount charged for exempted service provided or to be provided (other than export of service given at B1.8 above)

 

 

 

 

 

 

B1.10

Amount charged as pure agent

 

 

 

 

 

 

B1.11

Amount claimed as abatement

 

 

 

 

 

 

B1.12

Any other amount claimed as deduction, please specify.

 

 

 

 

 

 

B1.13

Total Amount claimed as Deduction 

B1.13=B1.8+B1.9+B1.10+B1.11+

             B1.12

 

 

 

 

 

 

B1.14

NET TAXABLE VALUE

B1.14=B1.7 - B1.13

 

 

 

 

 

 

B1.15

Service tax rate wise break up of NET TAXABLE VALUE (B1.14):

Ad-valorem rate

 

 

 

 

 

 

B1.16

Specific rate

(applicable as per rule 6 of STR)

 

 

 

 

 

 

B1.17

Service tax payable

 

 

 

 

 

 

B1.18

Less R&D cess payable

 

 

 

 

 

 

B1.19

Net Service Tax payable

(B1.19=B1.17-B1.18)

 

 

 

 

 

 

B1.20

Education Cess payable 

 

 

 

 

 

 

B1.21

Secondary & Higher Education Cess payable

 

 

 

 

 

 

 

B2 – FOR SERVICE RECEIVER

 

 

Month / Quarter

Apr/Oct

May/Nov

Jun/Dec

July/Jan

Aug/Feb

Sep/Mar

B2.1

Gross amount (excluding amounts paid in advance, amounts taxable on payment basis, for which bills/invoices/challans or any other document may not have been issued) for which bills/invoices/challans or any other documents are issued relating to service received or to be received

 

 

 

 

 

 

B2.2

Amount paid in advance for services for which bills/invoices/challans or any other documents have not been issued

 

 

 

 

 

 

B2.3

Amount taxable on receipt basis under third proviso to rule 6(1) of Service Tax Rules, 1994 for which bills/invoices/challans or any other documents have not been issued

 

 

 

 

 

 

B2.4

Money equivalent of other considerations paid, if any, in a form other than money

 

 

 

 

 

 

B2.5

Amount paid for services received from Non-Taxable territory - Imports

 

 

 

 

 

 

B2.6

Amount paid for services received from Non-Taxable territory – Other than Imports

 

 

 

 

 

 

B2.7

Amount on which service tax is payable under partial reverse charge

 

 

 

 

 

 

B2.8

Gross Taxable Amount

B2.8= B2.1+B2.2+B2.3+B2.4+

           B2.5+B2.6+B2.7

 

 

 

 

 

 

B2.9

Amount paid for exempted services received or to be received

 

 

 

 

 

 

B2.10

Amount paid as pure agent

 

 

 

 

 

 

B2.11

Amount claimed as abatement

 

 

 

 

 

 

B2.12

Any other amount claimed as deduction,  please specify

 

 

 

 

 

 

B2.13

Total Amount claimed as Deduction

 B2.13 = B2.9+B2.10+B2.11+B2.12

 

 

 

 

 

 

B2.14

NET TAXABLE VALUE

B2.14 = B2.8-B2.13

 

 

 

 

 

 

B2.15

Service tax rate wise break up of NET TAXABLE VALUE (B2.14):

Ad-valorem rate

 

 

 

 

 

 

B2.16

Specific rate

(applicable as per rule 6 of STR)

 

 

 

 

 

 

B2.17

Service tax payable

 

 

 

 

 

 

B2.18

Less R&D cess payable

 

 

 

 

 

 

B2.19

Net Service Tax payable

(B2.19=B2.17-B2.18)

 

 

 

 

 

 

B2.20

Education Cess payable

 

 

 

 

 

 

B2.21

Secondary & Higher Education Cess payable

 

 

 

 

 

 

 

 

PART-C SERVICE TAX PAID IN ADVANCE

 

Amount of Service Tax paid in advance under sub-rule (1A) of Rule 6 of ST Rules:

 

Month / Quarter

Apr/Oct

May/Nov

Jun/Dec

July/Jan

Aug/Feb

Sep/Mar

C1

Amount of service tax deposited in advance

 

 

 

 

 

 

C2

Amount of Education Cess deposited in advance

 

 

 

 

 

 

C3

A  Amount of Secondary & Higher Education     Cess deposited in advance

 

 

 

 

 

 

C4

ChallanNos., date & amount

(i)                                    

No.

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

Amount

 

 

 

 

 

 

 

 

PART-D SERVICE TAX PAID IN CASH AND THROUGH CENVAT CREDIT

Service Tax, Education Cess, Secondary & Higher Education Cess and other amounts paid

(To be filled by a person liable to pay service tax and not to be filled by an Input Service Distributor):

 

Month / Quarter

Apr/Oct

May/Nov

Jun/Dec

July/Jan

Aug/Feb

Sep/Mar

 

 

 

 

 

 

 

 

 

D1

In cash

 

 

 

 

 

 

D2

By CENVAT credit

(not applicable where the service tax is liable to be paid by the Recipient of Service)

 

 

 

 

 

 

D3

By adjustment of amount paid as service tax inadvance under Rule 6(1A) of the ST Rules

 

 

 

 

 

 

D4

By adjustment of excess amount paid earlier as service tax and adjusted, by taking credit of such excess service tax paid, in this period under Rule 6(3) of the ST Rules

 

 

 

 

 

 

D5

By adjustment of excess amount paid earlier as service tax and adjusted in this period under Rule 6(4A) of the ST Rules

 

 

 

 

 

 

D6

By adjustment of excess amount paid earlier as service tax in respect of service of Renting of Immovable Property, on account of non-availmentof deduction of property tax paid and adjusted in this period under Rule 6(4C) of the ST Rules

 

 

 

 

 

 

D7

By book adjustment in the case of specified Government departments

 

 

 

 

 

 

D8

Total Tax paid

D8 = D1+D2+D3+D4+D5+D6+D7

 

 

 

 

 

 

 

PART-E  EDUCATION CESS PAID IN CASH AND THROUGH CENVAT CREDIT

E1

In cash

 

 

 

 

 

 

E2

By CENVAT credit (not applicable where the service tax is liable to be paid by the recipient of service)

 

 

 

 

 

 

E3

By adjustment of amount paid as service tax in advance under Rule 6(1A) of the ST Rules

 

 

 

 

 

 

E4

By adjustment of excess amount paid earlier as service tax and adjusted, by taking credit of such excess service tax paid, in this period under Rule 6(3) of the ST Rules

 

 

 

 

 

 

E5

By adjustment of excess amount paid earlier as service tax and adjusted in this period under Rule 6(4A) of the ST Rules

 

 

 

 

 

 

E6

By adjustment of excess amount paid earlier as service tax in respect of service of Renting of Immovable Property, on account of non-availmentof deduction of property tax paid and adjusted in this period under Rule 6(4C) of the ST Rules

 

 

 

 

 

 

E7

By book adjustment in the case of specified Government departments

 

 

 

 

 

 

E8

Total Education Cess paid E8=E1+E2+E3+E4+E5+E6+E7

 

 

 

 

 

 

 

PART-F  SECONDARY& HIGHER EDUCATION CESS PAID IN CASH AND THROUGH CENVAT CREDIT

 

F1

In cash

 

 

 

 

 

 

F2

By CENVAT credit (not applicable where the service tax is liable to be paid by the recipient of service)

 

 

 

 

 

 

F3

By adjustment of amount paid as service tax in advance under Rule 6(1A) of the ST Rules

 

 

 

 

 

 

F4

By adjustment of excess amount paid earlier as service tax and adjusted, by taking credit of such excess service tax paid, in this period under Rule 6(3) of the ST Rules

 

 

 

 

 

 

F5

By adjustment of excess amount paid earlier as service tax and adjusted in this period under Rule 6(4A) of the ST Rules

 

 

 

 

 

 

F6

By adjustment of excess amount paid earlier as service tax in respect of service of Renting of Immovable Property, on account of non-availmentof deduction of property tax paid and adjusted in this period under Rule 6(4C) of the ST Rules

 

 

 

 

 

 

F7

By book adjustment in the case of specified Government departments

 

 

 

 

 

 

F8

Total Tax paid

F8=F1+F2+F3+F4+F5+F6+F7

 

 

 

 

 

 

 

PART G - ARREARS, INTEREST, PENALTY, ANY OTHER AMOUNT ETC. PAID

G1

Arrears of revenue (Tax amount) paid in cash

 

 

 

 

 

 

G2

Arrears of revenue (Tax amount) paid by utilising CENVAT credit

 

 

 

 

 

 

G3

Arrears of Education Cess paid in cash

 

 

 

 

 

 

G4

Arrears of Education Cess paid by utilising CENVAT credit

 

 

 

 

 

 

G5

Arrears of Secondary & Higher Education Cess paid in cash

 

 

 

 

 

 

G6

Arrears of Secondary & Higher Education Cess paid by utilising CENVAT credit

 

 

 

 

 

 

G7

Amount paid in terms of section 73A of Finance Act, 1994

 

 

 

 

 

 

G8

Interest paid (in cash only)

 

 

 

 

 

 

G9

Penalty paid (in cash only)

 

 

 

 

 

 

G10

Amount of Late fee paid, if any.

 

 

 

 

 

 

G11

Any other amount paid (please specify)

 

 

 

 

 

 

G12

Total payment of arrears, interest, penalty and any other amount, etc. made G12=(G1+G2+G3+G4+G5+G6+G7+G8+G9+G10+G11)

 

 

 

 

 

 

 

PART-H

H1  DETAILS OF CHALLAN (vide which service tax education cess, secondary and higher education cess and other amounts have been paid in cash)

 

Challan Nos. with date and amount

 

 

(i)

No.

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

Amt.

 

 

 

 

 

 

(ii)

No.

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

Amt.

 

 

 

 

 

 

H2        Source documents details for payments made in advance / adjustment, for entries made at columns D3, D4, D5, D6, D7; E3, E4, E5, E6, E7; F3, F4, F5, F6, F7; & G1 to G11

S. No. and description of payment entry in this return

Month/

Quarter

Challan / Document / Credit Entry Reference Number etc.

Challan / Document

Date

Amount

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

** (Assessee liable to pay service tax on quarterly basis may furnish details quarter wise i.e. Apr-Jun, Jul-Sep, Oct-Dec, Jan-Mar)

 

 

 

PART-I

DETAILS OF INPUT STAGE CENVAT CREDIT

(To be filled by a taxable service provider only and not to be filled by Service

Receiver liable to pay service tax or Input Service Distributor):

 

I1 DETAILS ABOUT THE ASSESSEE PROVIDING EXEMPTED AND NON-TAXABLE SERVICE OR

 MANUFACTURING  EXEMPTED EXCISABLE GOODS:

 

 

 

 

 

 

 

 

 

 

 

I1.1

Whether providing any exempted service or non-taxable service (‘Y’/‘N’)

 

I1.2

Whether manufacturing any exempted excisable goods (‘Y’/‘N’)

 

I1.3

If reply to any one of the above is ‘Y’, whether maintaining separate account for receipt or consumption of input service and input goods [refer to Rule 6 (2) of CENVAT Credit Rules, 2004](‘Y’/‘N’)

 

I1.4

 

If reply to any one of the columns I1.1&I1.2 above is ‘Y’ and I1.3 is ‘N’, which option, from the below mentioned options, is being availed under Rule 6(3) of the CENVAT Credit Rules, 2004

 

I1.4.1

Whether paying an amount equal to 6% of the value of the exempted goods and exempted services [refer to Rule 6(3)(i) of CENVAT Credit Rules, 2004](‘Y’/‘N’); or

 

I1.4.2

Whether paying an amount equivalent to CENVAT Credit attributable to inputs and input services used in or in relation to manufacture of exempted goods or provision of exempted services [refer to Rule 6(3)(ii) of CENVAT Credit Rules, 2004](‘Y’/‘N’);or

 

I1.4.3

Whether maintaining separate account for receipt or consumption of input goods, taking CENVAT credit only on inputs (used in or in relation to the manufacture of dutiable final products excluding exempted goods and for the provision of output services excluding exempted services) and  paying an amount equivalent to CENVAT Credit attributable to input services used in or in relation to manufacture of exempted goods or provision of exempted services [refer to Rule 6(3)(iii) of CENVAT Credit Rules, 2004](‘Y’/‘N’)

 

 

I2. AMOUNT PAYABLE UNDER RULE 6(3) OF THE CENVAT CREDIT RULES,2004:

Sl. No.

Month/Quarter

Apr/

Oct

May/

Nov

Jun/

Dec

July/

Jan

Aug/

Feb

Sep/

Mar

I2.1

Value of exempted goods cleared

 

 

 

 

 

 

I2.2

Value of exempted services provided

 

 

 

 

 

 

I2.3

Amount paid under Rule 6(3) of CENVAT Credit Rules, 2004, bydebiting CENVAT Credit account

 

 

 

 

 

 

I2.4

Amount paid under Rule 6(3) of CENVAT Credit Rules, 2004, by cash

 

 

 

 

 

 

I2.5

Total amount paid under Rule 6(3) of CENVAT Credit Rules, 2004

I2.5 = I2.3 + I2.4

 

 

 

 

 

 

 

 

I3 CENVAT CREDIT TAKEN AND UTILISED:

 

Sl. No.

Month/Quarter

Apr/

Oct

May/

Nov

Jun/

Dec

July/

Jan

Aug/

Feb

Sep/

Mar

 

 

 

 

 

 

 

 

 

I3.1  DETAILS OF CENVAT CREDIT OF SERVICE TAX AND CENTRAL EXCISE DUTY TAKEN AND UTILISATION THEREOF –

 

I3.1.1

Opening Balance

 

 

 

 

 

 

I3.1.2

Credit taken

 

 

 

 

 

 

I3.1.2.1

on inputs

 

 

 

 

 

 

I3.1.2.2

on capital goods

 

 

 

 

 

 

I3.1.2.3

on input services received directly

 

 

 

 

 

 

I3.1.2.4

as received from Input Service Distributor

 

 

 

 

 

 

I3.1.2.5

from inter-unit transfer by a LTU

 

 

 

 

 

 

I3.1.2.6

Any other credit taken (please specify)

 

 

 

 

 

 

I3.1.2.7

TOTAL CREDIT TAKEN =

I3.1.2.7= (I3.1.2.1+I3.1.2.2+I3.1.2.3+I3.1.2.4+

I3.1.2.5+I3.1.2.6)

 

 

 

 

 

 

I3.1.3

Credit Utilised

 

 

 

 

 

 

I3.1.3.1

for payment of service tax

 

 

 

 

 

 

I3.1.3.2

for payment of Education Cess on taxable services

 

 

 

 

 

 

I3.1.3.3

for payment of Secondary and Higher Education Cess on taxable services

 

 

 

 

 

 

I3.1.3.4

for payment of excise duty or any other duty

 

 

 

 

 

 

I3.1.3.5

towards clearance of input goods and capital goods removed as such or after use

 

 

 

 

 

 

I3.1.3.6

towards inter unit transfer to LTU

 

 

 

 

 

 

I3.1.3.7

for payment of an amount under rule 6(3) ofCENVAT Credit Rules, 2004

 

 

 

 

 

 

I3.1.3.8

for any other  payments/adjustments/reversal (Please specify)

 

 

 

 

 

 

I3.1.3.9

TOTAL CREDIT UTILISED

I3.1.3.9=(I3.1.3.1+I3.1.3.2+I3.1.3.3+I3.1.3.4+

I3.1.3.5+I3.1.3.6+I3.1.3.7+I3.1.3.8)

 

 

 

 

 

 

I3.1.4

Closing Balance of CENVAT credit

I3.1.4 = {(I3.1.1 + I3.1.2.7) – I3.1.3.9}

 

 

 

 

 

 

 

I3.2 DETAILS OF CENVAT CREDIT OF EDUCATION CESS TAKEN & UTILISATION THEREOF –

I3.2.1

Opening Balance of Education Cess 

 

 

 

 

 

 

I3.2.2

Credit of Education Cess taken

 

 

 

 

 

 

I3.2.2.1

on inputs

 

 

 

 

 

 

I3.2.2.2

on capital goods

 

 

 

 

 

 

I3.2.2.3

on input services received directly

 

 

 

 

 

 

I3.2.2.4

as received from Input Service Distributor

 

 

 

 

 

 

I3.2.2.5

from inter unit transfer by a LTU

 

 

 

 

 

 

I3.2.2.6

Any other credit taken (please specify)

 

 

 

 

 

 

I3.2.2.7

Total credit of Education Cess taken I3.2.2.7= (I3.2.2.1+I3.2.2.2+I3.2.2.3+I3.2.2.4+ I3.2.2.5+I3.2.2.6)

 

 

 

 

 

 

I3.2.3

Credit of Education Cess utilised

 

 

 

 

 

 

I3.2.3.1

for payment of Education Cess on goods & services

 

 

 

 

 

 

I3.2.3.2

towards payment of Education Cess on clearance of input goods and capital goods removed as such or after use

 

 

 

 

 

 

I3.2.3.3

towards inter unit transfer to LTU

 

 

 

 

 

 

I3.2.3.4

for any other payments/adjustments/ reversal (please specify)

 

 

 

 

 

 

I3.2.3.5

Total credit of Education Cess  utilised

I3.2.3.5= (I3.2.3.1+I3.2.3.2+I3.2.3.3+I3.2.3.4)

 

 

 

 

 

 

I3.2.4

Closing Balance of Education Cess  I3.2.4={(I3.2.1+I3.2.2.7)-I3.2.3.5}

 

 

 

 

 

 

 

I3.3 DETAILS OF CENVAT CREDIT OF SECONDARY AND HIGHER EDUCATION CESS  TAKEN & UTILISATION THEREOF –

 

I3.3.1

Opening Balance of SHEC

 

 

 

 

 

 

I3.3.2

Credit of SHEC taken

 

 

 

 

 

 

I3.3.2.1

on inputs

 

 

 

 

 

 

I3.3.2.2

on capital goods

 

 

 

 

 

 

I3.3.2.3

on input services received directly

 

 

 

 

 

 

I3.3.2.4

as received from Input Service Distributor

 

 

 

 

 

 

I3.3.2.5

from inter unit transfer by a LTU

 

 

 

 

 

 

I3.3.2.6

Any other credit taken (please specify)

 

 

 

 

 

 

I3.3.2.7

Total credit of SHEC taken I3.3.2.7= (I3.3.2.1+I3.3.2.2+I3.3.2.3+I3.3.2.4+I3.3.2.5+I3.3.2.6)

 

 

 

 

 

 

I3.3.3

Credit of SHEC  utilised          

 

 

 

 

 

 

I3.3.3.1

for payment of SHEC on goods & services

 

 

 

 

 

 

I3.3.3.2

towards payment of SHEC  on clearance of input goods and capital goods removed as such or after use

 

 

 

 

 

 

I3.3.3.3

towards inter unit transferto LTU

 

 

 

 

 

 

I3.3.3.4

for any other payments/adjustments/reversal (please specify)

 

 

 

 

 

 

I3.3.3.5

Total credit of SHEC utilised I3.3.3.5= (I3.3.3.1+I3.3.3.2+I3.3.3.3+I3.3.3.4)

 

 

 

 

 

 

I3.3.4

Closing Balance of SHEC I3.3.4 = {(I3.3.1+I3.3.2.7)-I3.3.3.5}

 

 

 

 

 

 

 

PART J

CREDIT DETAILS FOR INPUT SERVICE DISTRIBUTOR

(TO BE FILLED ONLY BY AN INPUT SERVICE DISTRIBUTOR):

 

Sl. No.

Month/Quarter

Apr/

Oct

May/

Nov

June/

Dec

July/ Jan

Aug/

Feb

Sep/

Mar

 

 

 

 

 

 

 

 

 

 

                   

 

J1  DETAILS OF CENVAT CREDIT OF SERVICE TAX & CENTRAL EXCISE DUTY TAKEN AND DISTRIBUTION THEREOF –

J1.1

Opening Balance of CENVAT credit

 

 

 

 

 

 

J1.2

Credit taken (for distribution) on input services

 

 

 

 

 

 

J1.3

Credit distributed

 

 

 

 

 

 

J1.4

Credit not eligible for distribution in terms of rule 7(b) of CENVAT Credit Rules, 2004

 

 

 

 

 

 

J1.5

Closing Balance of CENVAT credit J1.5 = {(J1.1+J1.2) – (J1.3+J1.4)}

 

 

 

 

 

 

 

J2 DETAILS OF CENVAT CREDIT OF EDUCATION CESS TAKEN AND DISTRIBUTION THEREOF –

J2.1

Opening balance of CENVAT credit of Education Cess

 

 

 

 

 

 

J2.2

Credit of Education Cess taken (for distribution) on input services

 

 

 

 

 

 

J2.3

Credit of Education Cess distributed

 

 

 

 

 

 

J2.4

Credit of Education Cess not eligible for distribution in terms of rule 7(b) of CENVAT Credit Rules, 2004

 

 

 

 

 

 

J2.5

Closing Balance of CENVAT credit of EC  = J2.5={(J2.1+J2.2) – (J2.3+J2.4)}

 

 

 

 

 

 

 

J3  DETAILS OF CENVAT CREDIT OF SECONDARY AND HIGHER EDUCATION CESS TAKEN AND DISTRIBUTION THEREOF –

J3.1

Opening balance of CENVAT credit of SHEC

 

 

 

 

 

 

J3.2

Credit of SHEC taken (for distribution) on input services

 

 

 

 

 

 

J3.3

Credit of SHEC distributed

 

 

 

 

 

 

J3.4

Credit of SHEC not eligible for distribution in terms of rule 7(b) of CENVAT Credit Rules, 2004

 

 

 

 

 

 

J3.5

Closing Balance of CENVAT credit of SHEC = J3.5 ={(J3.1+J3.2) – (J3.3+J3.4)}

 

 

 

 

 

 

 

PART K

SELF ASSESSMENT MEMORANDUM:

                   (a)        I/We declare that the above particulars are in accordance with the records and books maintained by me/us and are correctly stated.

                   (b)        I/We have assessed and paid the service tax and/or availed and distributed CENVAT credit correctly as per the provisions of the Finance Act, 1994 and the rules made thereunder.

                   (c)        I/We have paid duty within the specified time limit and in case of delay, I/We have deposited the interest leviable thereon.

                   (d)        I have been authorised as the person to file the return on behalf of the person providing the taxable service/recipient of service, as the case may be.

Place:

Date:

(Name and Signature of Assessee or Authorised Signatory)

PART L

If the return has been prepared by a Service Tax Return Preparer or Certified Facilitation Centre (hereinafter referred to as ‘STRP’/’CFC’), furnish further details as below:

(a)

Identification No. of STRP/CFC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(b)

Name of STRP/CFC

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Signature of STRP/CFC)

*****

      INSTRUCTIONS TO FILL UP FORM ST-3:

 

A. General Instructions

(i)     If there is a change in the address or any other information as provided by the assessee in Form ST-1 or as contained in Form ST-2 (Certificate of Registration issued by the Department), the assessee should file amendment to ST1 application online in ACES for getting the Amended ST2 issued by the departmental officer. If the assessee has provided / received any additional service for which he is not registered, he has to first file the amendment to ST1 application and after the approval of the same by the departmental officer, he should file the return.

(ii)    Please indicate ‘NA’ against entries which are not applicable.

(iii)   Please indicate ‘Nil’ where the information to be furnished is nil.

(iv)  Please fill ‘Y’ for Yes, or ‘N’ for No wherever it is written as (‘Y’/’N’) in the FORM.

 

B. Instructions to fill up FORM ST-3

Column No. in Form ST-3

Instructions

A2

STC No. is 15 digit PAN based service tax code number issued to assessee in the FORM ST-2 (Certificate of Registration issued by the Department).

A3

Name of the assessee should be filled as mentioned in FORM ST-2 (Certificate of Registration issued by the Department).

A5

The relevant period for which return is being filed is to be selected.

A9 & A10

Though with effect from 1st July 2012, classification of services has been dispensed with, theassessee is required to mention the names of taxable service(s) as per ANNEXURE enclosed with this return.

A11.1 & A11.2

If assessee has availed benefit of any exemption notification, the notification number and Serial number (in the notification), if any, against which such exemption has been availed, has to be entered

A12.1 & A12.2

If assessee has availed abatement from the value of services, he has to furnish the notification number and Serial number (in the notification), if any, against which such abatement has been availed.

B

(i)     An assessee liable to pay service tax on quarterly basis may furnish details quarter-wise i.e. Apr-Jun, Jul-Sep, Oct-Dec & Jan-Mar;

(ii)    The recipient of service liable to pay service tax should indicate the amount paid by him to service provider.

B1.1

Gross  amount  for which bills/invoices/challans are issued against  taxable service provided or agreed to be provided or received/agreed to be received (in  case  of  service  receiver), which are taxable on accrual basis, as per the Point of Taxation Rules is to be mentioned in this column

(A)

it includes,-

(a)  amount charged towards exported service,

(b)  amount charged towards exempted service (other than export of service),

(c)  amount charged as a pure agent, and

(d) amount includible in terms of Rules 5(1) & 6(1) of the Service Tax (Determination of Value) Rules, 2006

(B)

it excludes

(a)   amount received in advance i.e. before provision of services for which bills or invoices or challans or any other documents may not have been issued, because it has to be shown in column B1.2;

(b)   amount taxable on receipt basis, which is applicable to individuals and partnership firms whose aggregate value of taxable services during previous financial year was less than or equal to rupees fifty lakh and he opts to pay tax at the time when payment is received by him in respect of taxable value of rupees fifty lakh in the financial year to which return relates as per third proviso to Rule 6(1) of Service Tax Rules, 1994, for which bills or invoices or challans or any other documents may not have been issued, because it has to be shown in column B1.3;

(c)   Amount taxable for the services provided for which bills or invoices or challans or any other documents may not have been issued, (this amount has to be entered in column B1.4.)

(d)   Service tax;

(e)   Education cess; and

(f)    Secondary and higher education cess

B1.2

Gross  amount  received  (or  paid  in  case  of  service  receiver) in  advance is  the total amount received (or paid in case of service receiver) for the particular taxable service beforeprovision of service (including any amount received for continuous service), and

(A)

it includes,-

(a)  amount received towards exported service,

(b) amount received towards exempted service (other than export of service),

(c)  amount received as pure agent, and

(d) amount received which is liable to be included in the value in terms of Rules 5(1) & 6(1) of the Service Tax (Determination of Value) Rules, 2006

(e) Amount paid for services received from Non-Taxable territory – Imports or other than Imports under column Nos. B2.5 and B2.6.

 

(B)

it excludes

(a)  Service tax,

(b)  Education cess, and

(c)  Secondary and higher education cess

B1.3

This is applicable to individuals and partnership firms whose aggregate value of taxable services during previous financial year is less than or equal to rupees fifty lakh and he opts to pay tax at the time when payment is received by him in respect of taxable value of rupees fifty lakh in the financial year to which return relates.

B1.5 & B2.4

 

 

(i) The value of consideration charged (or paid in case of service receiver), other than money, is to be estimated in equivalent money value of such consideration in terms of the Service Tax (Determination of Value) Rules, 2006

(ii) ‘Consideration’ includes any amount that is payable for the taxable services provided or to be provided, as defined in Explanation to Section 67 of the Act.

B1.6, B2.5, B2.6 & B2.7

In case of some services, as notified under Notification No. 30/2012-ST, dated 20th June, 2012 (as amended), the liability to pay service tax has been placed on the recipient of service in terms of sub-section (2) of section 68 of the Finance Act, 1994 read with rule 2(1)(d)(i) of the Service Tax Rules, 1994. In respect of such services, the amount on which service tax is payable has to be shown as calculated in terms of Rule 7 of Point of Taxation Rules, 2011.

B1.8

With effect from 01.07.2012, exports of services are not to be taxed under service tax, as per Place of Provision of Services Rules, 2012. If the assessee has included the amount of export of service in column B1.1, he has to fill up said amount in column B1.7 also for claiming deduction of said amount from the gross amount. However, there may be cases where ST-3 return for the period prior to 01.07.2012 is to be filed by service providers or recipient of service, as the case may be. They are also required to fill up this column for furnishing the amount charged against the export of services made before 01.07.2012.

B1.9

‘Exempted Service’ refers to the taxable service which is exempt, for the time being, from payment of service tax under a notification, other than by way of abatement.

B1.10

‘Pure Agent’ has been defined in Explanation 1 to Rule 5 of the Service Tax (Determination of Value) Rules, 2006

B1.11

‘Abatement’ refers to the part of value of taxable service which is not includible in the taxable value for payment of service tax through notification, such as Notification No. 26/2012-ST, dated 20.06.2012 issued under Section 66B of the Finance Act, 1994.

B1.12

 

 

 

 

Any deductions, which is not mentioned in any other clause, from gross value of taxable service has to be provided (For example, deduction of property tax paid in respect of the taxable service of renting of an immovable property in terms of Rule 6(4C) of Service Tax Rules, 1994 read with Notification No. 29/2012-ST, dated 20th June, 2012).

B1.15 & B2.15

If an assessee is paying tax at the rate of 12% or other than 12%, then he has to mention the details of taxable value in this column by entering the tax rate applicable to him. This is also applicable to the assessees who want to file their return pertaining to the period prior to 01.04.2012 when tax rate was 10%, 8% or 5%, as the case may be. This can be done by inserting additional rows for such entries.

B1.16 & B2.16

As per Rule 6 of the Service Tax Rules, 1994, the service Providers/Recipients in respect of services of ‘Booking of tickets for Air Travel provided by Air Travel Agents’; ‘Insurer carrying on life insurance business’; ‘Purchase or sale of foreign currency including money changing’; and ‘Distributors and selling agents or persons assisting in organizing lottery’ have been given option to pay service tax at either specific rate or a combination of specific and ad valorem rate. Such assessees have to mention the details of such taxable value in these columns by selecting the appropriate tax rate(s) as applicable to them.

B1.18 & B2.18

Deduction of R& D cess paid, if applicable, from tax payable can be shown here separately for the relevant services, such as the service of import of technology, applicable.

B2.5 & B2.6

Amount paid for services received from non taxable territory is be entered in this column. This includes value of import of services. Two separate rows have been provided to enter the

B2.5 - Amount charged for services received from Non-Taxable territory – Imports and;

B2.6 - Amount charged for services received from Non-Taxable territory – Other than Imports

D3, E3 & F3

If any amount has been paid in advance as service tax in terms of rule 6(1A) of Service Tax Rules, 1994 and the assessee has adjusted that amount against his service tax liability, such adjustment has to be shown here.

D4, E4 & F4

Rule 6 (3) of Service Tax Rules, 1994 allows adjustment of service tax amount which was paid earlier in respect of taxable service not provided wholly or partially by the service provider or where the amount of invoice is re-negotiated. Such adjustment is to be shown here.

Example: A service provider receives an advance of Rs 1000/- on which he pays a service tax of Rs 120/-.However, later on he does not provide this service and refunds the amount to the person from whom the advance was received. He can, in this case, adjust the amount ofRs 120/- for any of his future liability of service tax.

D5, E5 & F5

 

Rule 6 (4A) of Service Tax Rules, 1994 allows adjustment of  service tax amount paid in preceding months or quarter, which is in excess of the service tax liability  for such month or quarter. Such adjustment is to be shown here.

Example: A service provider having centralized registration pays an amount of Rs 1000/- as service tax for services provided by him from his five branches. However, on receipt of information from these branches, the service tax liability is computed as Rs 900/-. In this case he has paid an excess amount of Rs 100/- as service tax. He can adjust this excess amount of Rs 100/- against service tax liability for succeeding month/quarter.

D6, E6 & F6

Rule 6 (4C) of Service Tax Rules, 1994 allows adjustment of service tax amount paid in preceding months or quarter, which is in excess of the amount required to be paid towards service tax liability for such month or quarter on account of non-availment of deduction of property tax paid in terms of Notification No. 29/2012-ST, dated 20th June, 2012 from the gross amount of rent charged for the immovable property. Such adjustment is to be shown here.

D7, E7 & F7

Some department of Central Government collect service tax for the services provided/received by them and the payment of said tax to the Union of India is made through book adjustment or book transfer. Such book adjustment or transfer in the case of specified Government departments is to be shown here.

G1 to G6

Arrears of revenue includes,-

 

(a)  amount that was payable earlier but not paid;

(b)  amount  pending  recovery  on  finalization  of  adjudication  or appellant stage, as the case may be;

(c)  amount pending in appeals without having any stay for recovery; or

(d)  amount arising on finalization of provisional assessment etc.

G7

Any amount collected in excess of the service tax assessed or determined and paid on any taxable service from the recipient of taxable service in any manner,  has to be paid to the credit of the Central Government as per the provisions of section 73A of the Finance Act, 1994. Assessee may furnish such amount here.

G10

Amount of late fee paid for any delayed filing of return has to be entered here as prescribed under Rule 7C of Service Tax Rules, 1994

G11

Any other amount paid may be specified. (It may include amount paid in terms of any adjudication order, any appellate order, etc.)

H2

Against source documents, following details may be furnished,-

(i)  For adjustment under rule 6(3) of Service Tax Rules, 1994, furnish details of earlier return, from where excess amount is derived

(ii) For adjustment under rule 6(4A), furnish details of acknowledgement No. of intimation to Superintendent as required to be furnished in the rules;

(iii) For arrears, interest and penalty, the source document/period is as follows,-

(a) in case these are paid suomoto by the assessee, the period for which such amount is paid may be furnished

(b) if paid consequent to a show cause notice (SCN) or order, the source document is relevant SCN No./Demand Notice No., Order-in-Original No. or Order-in-Appeal No., or any other order , etc.;

 

(iv)  For adjustment of excess amount of service tax paid on the service of ‘Renting of Immovable Property’ in case the taxpayer has not availed the deduction of property tax paid in terms of Rule 6(4C) of the Service Tax Rules, 1994 read with Notification No. 29/2012-ST, dated 20th June, 2012 and he opts to avail such deduction against his service tax liability within 1 year from the date of payment of such property tax, the source document is original receipt issued by the concerned department of State Government showing the payment of such property tax.

I3.1.2

(i) The terms “ input”, “capital goods”, “input services” and “ input service distributor” may be understood as defined in the CENVAT Credit Rules, 2004;

(ii) Against S. No. I3.1.2.1, I3.1.2.2 &I3.1.2.3, the details of CENVAT credit availed on input/ input services/ capital goods, received directly by the assessee, are to be shown. In other words, these figures would not include the service tax credit received from input service distributor (i.e., office of the manufacturer or output service provider, which receives invoices towards purchases of input services and issues invoices//bills /challans for distribution of such credit, in terms of Rule 7 of CENVAT Credit Rules, 2004).

(iii) Against S. No. I3.1.2.4, furnish the details of service tax credit as received from ‘input service distributor’.

(iv) Against S. No. I3.1.2.5, details have to be filled only by Large Taxpayer Unit who has opted to operate as LTU..

I3.1.3.4

This has to be filled only by the assessees who are engaged in both, providing taxable service as well as manufacturing and clearance of excisable goods. This entry would also include excise duty paid on capital goods and inputs removed as waste and scrap, in terms of rule 3(5A) of CCR, 2004

I3.1.3.7

If the assessee has utilised CENVAT credit for making any payment, adjustment or reversal such as in the case of write off of value of inputs or capital goods as per rule 3(5B) of CCR, 2004; reversal of CENVAT credit on the inputs used in the manufacture of goods which have been ordered to be remitted as per rule 3(5C) of CCR, 2004; the payment of arrears of revenue etc., such details may be mentioned here.

I3.3 & J3

 Details of credit taken and utilised in respect of Secondary and Higher Education cess has to be shown separately in these columns

J

This information has to be furnished by an input service distributor only.

J1.4, J2.4 & J3.4

This information has to be furnished by an input service distributor who has availed CENVAT credit of the service tax paid on the services used in a unit which is exclusively engaged in manufacturing of exempted excisable goods or providing exempted services, as such credit is not liable to be distributed in terms of Rule 7(b) of the CENVAT Credit Rules, 2004

 

 

ANNEXURE TO INSTRUCTIONS OF ST-3 RETURN

DESCRIPTION OF TAXABLE SERVICES FOR FILLING UP SERVICE TAX RETURN (ST-3)

Sl.

No.

Description of Taxable Services

 
 

(1)

(2)

 

1

Stockbroker service

 

2

General insurance service

 

3

Advertising agency services

 

4

Courier agency service

 

5

Consulting engineer services

 

6

Custom House Agent service

 

7

Steamer agent services

 

8

Clearing and forwarding agent services

 

9

Manpower recruitment / supply agency  service

 

10

Air travel agent services

 

11

Mandap keeper service

 

12

Tour operator services

 

13

Rent-a-cab scheme operator services

 

14

Architect services

 

15

Interior decoration / Designer services

 

16

Management or business consultant service

 

17

Chartered accountant services

 

18

Cost accountant service

 

19

Company secretary service

 

20

Real estate agent service

 

21

Security / detective agency service

 

22

Credit rating agency service

 

23

Market research agency service

 

24

Underwriter service

 

25

Scientific & technical consultancy services

 

26

Photography service

 

27

Convention service

 

28

Online information and database access service and / or retrieval service through computer network

 

29

Video production agency / video tape production service

 

30

Sound recording studio or agency services

 

31

Broadcasting service

 

32

Insurance auxiliary service in relation to general insurance  

 

33

Banking and other Financial services

 

34

Port service (major ports)

 

35

Service for repair, reconditioning, restoration, or decoration or any other similar services, of any motor vehicle

 

36

Beauty  parlours / beauty treatment

 

37

Cargo handling service

 

38

Cable operators

 

39

Dry cleaning service

 

40

Event management

 

41

Fashion design

 

42

Health club and fitness centre service

 

43

Life insurance service

 

44

Insurance auxiliary service concerning life insurance business   

 

45

Rail travel agent’s service

 

46

Storage and warehousing services

 

47

Business auxiliary service

 

48

Commercial training or coaching

 

49

Erection, commissioning and installation

 

50

Franchise service

 

51

Internet café

 

52

Maintenance or repair service

 

53

Technical testing and analysis service                                    

 

54

Technical inspection and certification agency service   

 

55

Foreign exchange broker service

 

56

Other port (minor port) service

 

57

Airport services by airport authority

 

58

Transport of goods by air

 

59

Business exhibition service

 

60

Transport of goods by road / goods transport agency service

 

61

Construction services other than residential complex, including  commercial / industrial buildings or civil structures

 

62

Services by holder of intellectual property right providing intellectual property services other than copyright

 

63

Opinion poll agency service

 

64

Outdoor catering

 

65

Services by a programme producer

 

66

Survey and exploration of mineral

 

67

Pandal or shamiana service

 

68

Travel agent for booking of passage (other than air / rail travel agents)

 

69

Services provided by recognised / registered associations in relation to forward contracts

 

70

Transport of goods through pipeline or other conduit

 

71

Site formation  and clearance, excavation, earth moving and demolition services

 

72

Dredging of rivers, ports harbours, backwaters, estuaries, etc.

 

73

Survey and map making service

 

74

Cleaning services

 

75

Club or association service

 

76

Packaging service

 

77

Mailing list compilation and mailing service

 

78

Construction of residential complex service

 

79

Service provided by a registrar to an issue

 

80

Service provided by a share transfer agent

 

81

Automated Teller Machine operations, maintenance or management service

 

82

Service provided by a recovery agent

 

83

Selling of space or time slots for advertisements 

 

84

Sponsorship service provided to  body-corporate or firm including sports sponsorships

 

85

Transport of passengers embarking on domestic / international journey by air

 

86

Transport of goods by rail including transport of goods in containers by rail (for the present, transport of passengers by rail in air-conditioned class/first class also may be paid under this description/accounting code)

 

87

Business support service

 

88

Auction service

 

89

Public relation management service

 

90

Ship management service

 

91

Internet telecommunication services (includes internet telephony Service which became taxable from 01.05.2006)

 

92

Transport of persons by cruise ship

 

93

Credit card, debit card, charge card or other payment card related services

 

94

Services of telegraph authority in relation to telecommunication service

 

95

Mining of mineral, oil or gas service

 

96

Renting of immovable property services

 

97

Works contract service

 

98

Development and supply of content for use in telecom services, advertising agency, etc.

 

99

Asset management including portfolio management and fund management

 

100

Design service other than interior decoration and fashion designing

 

101

Information technology software service

 

102

Services provided by an insurer of life insurance under Unit Linked Insurance Plan (ULIP)

 

103

Services provided by a recognized stock exchange in relation to transaction in securities

 

104

Services provided by recognised / registered associations in relation to clearance or settlement of transactions in goods or forward contracts

 

105

Services provided by a processing and clearing house in relation to securities, goods and forward contracts

 

106

Services provided by any person in relation to supply of tangible goods

 

107

Cosmetic and plastic surgery service

 

108

Transport of goods by coastal shipping (services by way of transportation of goods by inland waterways is placed in the negative list)

 

109

Legal consultancy service

 

110

Promotion, marketing, organizing or assisting in organizing games of chance including lottery, etc.

 

111

Health services by a clinical establishment, health check-up / diagnosis , etc.

 

112

Maintenance of medical records

 

113

Service of promotion or marketing of brand of goods / services / events

 

114

Service of permitting commercial use or exploitation of events

 

   115

Electricity exchange service

 

116

Copyright service – transfer temporarily / permit use or enjoyment          

 

117

Special services provided by builders

 

118

Restaurant service

 

119

Service of providing accommodation in hotels, inn, guest house, club or campsite whatever name called.

 

120

Other taxable services (services  other than the 119 listed above)                                      

 

 

F.No: 137/98/2006-CX4 ( Part I)

 

(Rajkumar Digvijay)

Under Secretary to the Government of India

 

Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No. 2/94-ST, dated 28th June, 1994 vide number G.S.R 546(E), dated the 28th June, 1994 and was last amended by notification No 48/2012- Service Tax, dated the 30th November, 2012, vide GSR  858(E) dated the 30th November 2012.

 
 
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