Service Tax
CA Deep Upadhyay
(Querist) 14 February 2011
This query is : Resolved
Mr. X (proprietor of M/s. XYZ) got service tax registration in 2007-08. He provided taxable services for:
1. April 07 to Sep 07
2. Oct 07 to March 08
3. April 08 to Sep 08
Then he stopped providing services. He has duly paid all taxes & interest thereon, but did not file any of ST – 3. Now, he wants to surrender Service Tax registration. What are the periods for which he is required to file NIL ST – 3. Is late fees compulsory on NIL ST – 3?
tarun goyal
(Expert) 17 February 2011
please check the turnover i.e value of taxable services provided from April 07 to March 2008. if it is below exemption limit i.e 8/10 lacs as applicable, then there was no need to take registration or depositing any service tax. but if you have availed any type of cenvat credit, then you were not eligible for exemption then your service tax liability is full. for instance let us assume your gross value of taxable service during April 2007 to march 2008 is below 8 lacs then you will file nil return. you will file nil return for April 08 to sept 08 on the above pattern. however, since you had taken registration, it is now mandatory to file nil return alongwith late filing penalty of max. 2000/- per return. now your surrender will be subjected to the scrutiny of your records.
soumitra basu
(Expert) 15 April 2011
You have to file ST-3 along with late fine of Rs. 2000 per half year.
You can apply for surrendering of service tax registration.
