TMI BlogFiling Service Tax Returns – Extension of DateX X X X Extracts X X X X X X X X Extracts X X X X ..... Filing Service Tax Returns – Extension of Date - By: - Dr. Sanjiv Agarwal - Service Tax - Dated:- 24-10-2011 - - Rule 7 of the Service Tax Rules, 1994, relates to filing of returns. All categories of Service Tax assessees are required to submit a half yearly return in the prescribed form for the months covered in the half yearly return. Sub-rule (2) of Rule 7 further provides that the Ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice Tax assessee shall submit the half yearly return, by 25th of the month following the particular half year. The assessees are required to file half yearly return for each half yearly period as under (a) For half year period from October to March latest by 25th April. (b) For half year period from April to September latest by 25th October. These returns filing was earlier made manda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tory w.e.f. 1.10.2011 in electronic mode. The last date of filing Service Tax returns for the half year ended on 30 th September, 2011 (April 2011 to September 2011) has been extended for a period of two months upto 26 th December 2011 (vide Order No. 1/2011-ST dated 20.10.2011 ). The impact of this time extension would be Assessees can file the current due return at any time on or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before 26 th December 2011. No late fee or penalty shall be payable if return is filed between 25 th October 2011 and 26 th October 2011. Determination of 90 days for filing revised return shall be from 26 th December 2011 and not 25 th October 2011. Late fee shall be payable as per the number of days delay in filing considering 26 th December 2011 as last date. Thos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e who have already filed their return will not be impact with this Order. The reason attributed for this historic extension is that e-filing of Service Tax returns for all classes of Service Tax assessees had been made mandatory for the first time vide Notification No. 43/2011-ST dated 25.08.2011 w.e.f. 1.10.2011 and there is less time for the trade to adjust to the requirement of e-f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iling of returns . Amendment in Service Tax Rules have also been made. Notification No. 48/2011-ST dated 19.10.2011 has amended relevant Service Tax Rules as under In Rule 7 dealing with filing of returns, sub-rule (3) has been added to authorize CBEC to extend the date for filing the Service Tax returns by an Order invoking which the present extension has been granted. The or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der must specify the special circumstances which necessitates the extension of time. In instructions to file Service Tax 3 form contained in service tax 3 form, it has been incorporated that wherever in the Service Tax 3 return, words received or paid are used, it should be construed as (read as) received or receivable / paid or payable in view of the Point of Taxation Rules, 2011 requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iring service tax liability on accrual basis. Thus, with the current extension of last date for filing service tax returns, which is a historic first time instance of its kind so far as service tax is concerned, people (assessees, consultants as well as departmental officers) will be able to celebrate both the annual festivals Diwali and Christmas and also have opportunity to file returns at l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eisure . = = = = = = = = = - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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