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NEW SCRUTINY NORMS FOR SERVICE TAX RETURNS

Service Tax - By: - Dr. Sanjiv Agarwal - Dated:- 15-7-2015 - The Board vide Circular No. 113/07/2009-ST had laid down the procedure for carrying out detailed scrutiny of Service Tax Returns (ST-3) and had circulated a return scrutiny manual for Service Tax. However, with the introduction of Point of Taxation Rules, 2011 and advent of Negative List in July, 2012, CBEC has now revised the instructions on detailed scrutiny of ST-3 returns, with effect from 01.08.2015 vide Circular No. 185/4/2015-ST .....

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turn, arithmetic correctness of the amount computed as tax and its timely payment, timely submission of the return and identification of non-filers and stop-filers. Scrutiny is done online in ACES and the returns having certain errors are marked for Review and Correction (RnC). These have to be processed accordingly by the Range Officers. Detailed Manual Scrutiny Objective The purpose of detailed manual scrutiny of returns is to ensure the correctness of the assessment made by the assessee. Scop .....

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the proper officer must rely mainly on assessment-related documents like agreements/contracts and invoices. Detailed financial records should not be called for in a routine manner. A Return Scrutiny Cell should be created in the Commissionerate Headquarters. The Return Scrutiny Cell shall maintain the records of the assessees and the returns which are selected for detailed scrutiny and also the results. A Checklist has been prepared for carrying out detailed manual scrutiny of selected ST-3 ret .....

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of Inspectors. However, the Divisional DC/AC shall be responsible for the overall supervision of this business process in respect of his/her division. Before return scrutiny is initiated, the assessee must be given prior intimation of at least fifteen days and the purpose of the exercise must be spelt out in an Intimation Letter. Validation of the information furnished in the self-assessed ST-3 return is required which includes reconciling information furnished with ITR Form Nos. 4, 5, 6 and 26 .....

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exchange. Eligibility / Selection The list of returns to be taken up for detailed scrutiny would be finalized by the Additional/Joint Commissioner in-charge of Division (or in his absence by the Commissioner). Main focus on small assessees whose total tax paid (Cash + CENVAT) during FY2014-15 is less than ₹ 50 lakhs, though on the direction of Chief Commissioner, scrutiny of ST-3 can be made of assessee whose monetary limit exceeds ₹ 50 lakhs. Each Commissionerate has to select equal .....

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