CA NeWs Beta*: CBEC finally notifies ST-3 for filing return for period July 1, 2012 to Sept 30, 2012 by March 25, 2013

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Monday, February 25, 2013

CBEC finally notifies ST-3 for filing return for period July 1, 2012 to Sept 30, 2012 by March 25, 2013

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 theService Tax Rules, 1994, namely:-

1. (1) These rules may be called theService Tax (Amendment) Rules, 2013.
(2) They shall come into force on the date of their publication in theOfficial Gazette.
2. IntheService Tax Rules, 1994,-
(a) in rule 7,in sub-rule (2), after the proviso, the following proviso shall be inserted,namely:-
"Providedfurther that the Form ST- 3 for the period between the 1st dayof 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 besubstituted, namely:-
"FORMST-3"
(Returnunder section 70 of the Finance Act, 1994 read with rule 7 of Service TaxRules, 1994)
(Pleasesee the instructions carefully before filling the Form)
PART-A GENERAL INFORMATION
A1
ORIGINAL REVISED
(Please tick whichever is applicable)
A2 STC Number:
A3 Name ofthe assessee:
A4
Financial Year
-
A5 Return forthe period (Please tick the appropriate period)
April – September October - March
A6
A6.1Has 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 PremisesCode Number:
A8 Constitution of the assessee (Please tick theappropriate 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 Assesseeis 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 serviceA10.6 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-BVALUE OF TAXABLE SERVICE AND SERVICE TAX PAYABLE
(TO BE DISPLAYED SERVICE-WISE)
B1 FOR SERVICEPROVIDER
Month / Quarter Apr/Oct
May/NovJun/DecJuly/Jan
Aug/FebSep/Mar
B1.1Gross 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)
B1.2Amount received in advance for services for which bills/invoices/challans or any other documents have not been issued
B1.3Amount 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
B1.4Amount taxable for services provided for which bills/invoices/challans or any other documents have not been issued
B1.5Money equivalent of other considerations charged, if any, in a form other than money
B1.6Amount on which service tax is payable under partial reverse charge
B1.7Gross Taxable Amount
B1.7 = B1.1+B1.2+B1.3+B1.4+
B1.5+B1.6
B1.8Amount charged against export of service provided or to be provided
B1.9Amount charged for exempted service provided or to be provided (other than export of service given at B1.8 above)
B1.10Amount charged as pure agent
B1.11Amount claimed as abatement
B1.12Any other amount claimed as deduction, please specify.
B1.13Total 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
B1.16Specific rate
(applicable as per rule 6 of STR)
B1.17Service tax payable
B1.18Less R&D cess payable
B1.19Net Service Tax payable
(B1.19=B1.17-B1.18)
B1.20Education Cess payable
B1.21Secondary & Higher Education Cess payable
B2 – FORSERVICE RECEIVER
Month / QuarterApr/Oct
May/NovJun/Dec
July/JanAug/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
B2.2Amount paid in advance for services for which bills/invoices/challans or any other documents have not been issued
B2.3Amount 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
B2.4Money equivalent of other considerations paid, if any, in a form other than money
B2.5Amount paid for services received from Non-Taxable territory - Imports
B2.6Amount paid for services received from Non-Taxable territory – Other than Imports
B2.7Amount on which service tax is payable under partial reverse charge
B2.8Gross Taxable Amount
B2.8= B2.1+B2.2+B2.3+B2.4+
B2.5+B2.6+B2.7
B2.9Amount paid for exempted services received or to be received
B2.10Amount paid as pure agent
B2.11Amount claimed as abatement
B2.12Any other amount claimed as deduction, please specify
B2.13Total Amount claimed as Deduction
B2.13 = B2.9+B2.10+B2.11+B2.12
B2.14NET TAXABLE VALUE
B2.14 = B2.8-B2.13
B2.15Service tax rate wise break up of NET TAXABLE VALUE (B2.14):
Ad-valorem rate
B2.16Specific rate
(applicable as per rule 6 of STR)
B2.17Service tax payable
B2.18Less R&D cess payable
B2.19Net Service Tax payable
(B2.19=B2.17-B2.18)
B2.20Education Cess payable
B2.21Secondary & Higher Education Cess payable
PART-C SERVICE TAX PAID IN ADVANCE
Amount of Service Tax paid in advance undersub-rule (1A) of Rule 6 of ST Rules:
Month / Quarter
Apr/OctMay/Nov
Jun/DecJuly/Jan
Aug/FebSep/Mar
C1Amount of service tax deposited in advance
C2Amount of Education Cess deposited in advance
C3A Amount of Secondary & Higher Education Cess deposited in advance
C4Challan Nos., date & amount
(i) No.
Date
Amount
PART-D SERVICE TAX PAID IN CASH AND THROUGHCENVAT CREDIT
Service Tax, Education Cess, Secondary &Higher Education Cess and other amounts paid
(Tobe filled by a person liable to pay service tax and not to be filled by anInput Service Distributor):
Month / Quarter
Apr/OctMay/Nov
Jun/DecJuly/Jan
Aug/FebSep/Mar

D1In cash
D2
By CENVAT credit
(not applicable where the service tax is liable to be paid by the Recipient of Service)
D3By adjustment of amount paid as service tax in advance under Rule 6(1A) of the ST Rules
D4By 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
D5By adjustment of excess amount paid earlier as service tax and adjusted in this period under Rule 6(4A) of the ST Rules
D6By adjustment of excess amount paid earlier as service tax in respect of service of Renting of Immovable Property, on account of non-availment of deduction of property tax paid and adjusted in this period under Rule 6(4C) of the ST Rules
D7By book adjustment in the case of specified Government departments
D8Total Tax paid
D8 = D1+D2+D3+D4+D5+D6+D7
PART-E EDUCATION CESS PAIDIN CASH AND THROUGH CENVAT CREDIT
E1In 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
E5By adjustment of excess amount paid earlier as service tax and adjusted in this period under Rule 6(4A) of the ST Rules
E6By adjustment of excess amount paid earlier as service tax in respect of service of Renting of Immovable Property, on account of non-availment of deduction of property tax paid and adjusted in this period under Rule 6(4C) of the ST Rules
E7By book adjustment in the case of specified Government departments
E8Total Education Cess paid E8=E1+E2+E3+E4+E5+E6+E7
PART-F SECONDARY&HIGHER EDUCATION CESS PAID IN CASH AND THROUGH CENVAT CREDIT
F1In 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
F5By adjustment of excess amount paid earlier as service tax and adjusted in this period under Rule 6(4A) of the ST Rules
F6By adjustment of excess amount paid earlier as service tax in respect of service of Renting of Immovable Property, on account of non-availment of deduction of property tax paid and adjusted in this period under Rule 6(4C) of the ST Rules
F7By book adjustment in the case of specified Government departments
F8Total Tax paid
F8=F1+F2+F3+F4+F5+F6+F7
PART G - ARREARS, INTEREST, PENALTY, ANYOTHER AMOUNT ETC. PAID
G1Arrears of revenue (Tax amount) paid in cash
G2 Arrears of revenue (Tax amount) paid by utilising CENVAT credit
G3Arrears of Education Cess paid in cash
G4Arrears of Education Cess paid by utilising CENVAT credit
G5Arrears of Secondary & Higher Education Cess paid in cash
G6Arrears of Secondary & Higher Education Cess paid by utilising CENVAT credit
G7Amount paid in terms of section 73A of Finance Act, 1994
G8Interest paid (in cash only)
G9Penalty paid (in cash only)
G10Amount of Late fee paid, if any.
G11Any other amount paid (please specify)
G12Total 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 detailsfor 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 mayfurnish 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:
I1.1Whether providing any exempted service or non-taxable service ('Y'/'N')
I1.2 Whether manufacturing any exempted excisable goods ('Y'/'N')
I1.3If 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/NovJun/Dec
July/JanAug/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, by debiting 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/OctMay/Nov
Jun/DecJuly/Jan
Aug/FebSep/Mar
I3.1 DETAILS OF CENVAT CREDIT OF SERVICE TAX AND CENTRAL EXCISE DUTY TAKEN AND UTILISATION THEREOF–
I3.1.1Opening Balance
I3.1.2Credit taken
I3.1.2.1on inputs
I3.1.2.2on capital goods
I3.1.2.3on input services received directly
I3.1.2.4as received from Input Service Distributor
I3.1.2.5from inter-unit transfer by a LTU
I3.1.2.6Any other credit taken (please specify)
I3.1.2.7TOTAL 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)
I3.1.3Credit Utilised
I3.1.3.1for payment of service tax
I3.1.3.2for payment of Education Cess on taxable services
I3.1.3.3for payment of Secondary and Higher Education Cess on taxable services
I3.1.3.4for payment of excise duty or any other duty
I3.1.3.5towards clearance of input goods and capital goods removed as such or after use
I3.1.3.6towards inter unit transfer to LTU
I3.1.3.7for payment of an amount under rule 6(3) of CENVAT Credit Rules, 2004
I3.1.3.8for any other payments/adjustments/reversal (Please specify)
I3.1.3.9TOTAL 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)
I3.1.4Closing 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–
I3.2.1Opening Balance of Education Cess
I3.2.2Credit of Education Cess taken
I3.2.2.1on inputs
I3.2.2.2on capital goods
I3.2.2.3on input services received directly
I3.2.2.4as received from Input Service Distributor
I3.2.2.5from inter unit transfer by a LTU
I3.2.2.6Any other credit taken (please specify)
I3.2.2.7Total 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)
I3.2.3Credit of Education Cess utilised
I3.2.3.1for payment of Education Cess on goods & services
I3.2.3.2towards payment of Education Cess on clearance of input goods and capital goods removed as such or after use
I3.2.3.3towards inter unit transfer to LTU
I3.2.3.4for any other payments/adjustments/ reversal (please specify)
I3.2.3.5Total 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–
I3.3.1Opening Balance of SHEC
I3.3.2Credit of SHEC taken
I3.3.2.1on inputs
I3.3.2.2on capital goods
I3.3.2.3on input services received directly
I3.3.2.4as received from Input Service Distributor
I3.3.2.5from inter unit transfer by a LTU
I3.3.2.6Any other credit taken (please specify)
I3.3.2.7Total 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)
I3.3.3Credit of SHEC utilised
I3.3.3.1for payment of SHEC on goods & services
I3.3.3.2towards payment of SHEC on clearance of input goods and capital goods removed as such or after use
I3.3.3.3towards inter unit transferto LTU
I3.3.3.4for any other payments/adjustments/reversal (please specify)
I3.3.3.5Total credit of SHEC utilised I3.3.3.5= (I3.3.3.1+I3.3.3.2+I3.3.3.3+I3.3.3.4)
I3.3.4Closing 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/QuarterApr/Oct
May/NovJune/Dec
July/ JanAug/Feb
Sep/Mar
J1 DETAILS OFCENVAT CREDIT OF SERVICE TAX & CENTRAL EXCISE DUTY TAKEN AND DISTRIBUTIONTHEREOF-
J1.1Opening Balance of CENVAT credit
J1.2Credit taken (for distribution) on input services
J1.3Credit distributed
J1.4Credit not eligible for distribution in terms of rule 7(b) of CENVAT Credit Rules, 2004
J1.5Closing Balance of CENVAT credit J1.5 = {(J1.1+J1.2) – (J1.3+J1.4)}
J2 DETAILSOF CENVAT CREDIT OF EDUCATION CESS TAKEN AND DISTRIBUTION THEREOF –
J2.1Opening balance of CENVAT credit of Education Cess
J2.2Credit of Education Cess taken (for distribution) on input services
J2.3Credit of Education Cess distributed
J2.4Credit of Education Cess not eligible for distribution in terms of rule 7(b) of CENVAT Credit Rules, 2004
J2.5Closing Balance of CENVAT credit of EC = J2.5={(J2.1+J2.2) – (J2.3+J2.4)}
J3 DETAILS OFCENVAT CREDIT OF SECONDARY AND HIGHER EDUCATION CESS TAKEN AND DISTRIBUTIONTHEREOF –
J3.1Opening balance of CENVAT credit of SHEC
J3.2Credit of SHEC taken (for distribution) on input services
J3.3Credit of SHEC distributed
J3.4Credit of SHEC not eligible for distribution in terms of rule 7(b) of CENVAT Credit Rules, 2004
J3.5Closing Balance of CENVAT credit of SHEC = J3.5 ={(J3.1+J3.2) – (J3.3+J3.4)}
PARTK
SELFASSESSMENT MEMORANDUM:
(a) I/We declare that the aboveparticulars are in accordance with the records and books maintained by me/us andare correctly stated.
(b) I/We have assessed and paidthe service tax and/or availed and distributed CENVAT credit correctly as perthe provisions of the Finance Act, 1994 and the rules made thereunder.
(c) I/We have paid duty withinthe specified time limit and in case of delay, I/Wehave deposited the interest leviable thereon.
(d) I have been authorised asthe person to file the return on behalf of the person providing the taxableservice/recipient of service, as the case may be.
Place:
Date:
(Name and Signature of Assessee or Authorised Signatory)
PARTL
Ifthe return has been prepared by a Service Tax Return Preparer or CertifiedFacilitation Centre (hereinafter referred to as 'STRP'/'CFC'), furnish furtherdetails as below:
(a)Identification No. of STRP/CFC
(b)
Name of STRP/CFC
(Signatureof STRP/CFC)
*****
INSTRUCTIONS TO FILL UP FORM ST-3:
A.General Instructions
(i) Ifthere 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 assesseeshould file amendment to ST1 application online in ACES for getting the AmendedST2 issued by the departmental officer. If the assesseehas 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 ofthe same by the departmental officer, he should file the return.
(ii) Pleaseindicate 'NA' against entries which are not applicable.
(iii) Pleaseindicate 'Nil' where the information to be furnished is nil.
(iv) Pleasefill 'Y' for Yes, or 'N' for No wherever it is written as ('Y'/'N') in theFORM.
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).
A3Name of the assessee should be filled as mentioned in FORM ST-2 (Certificate of Registration issued by the Department).
A5The relevant period for which return is being filed is to be selected.
A9 & A10Though with effect from 1st July 2012, classification of services has been dispensed with, the assessee is required to mention the names of taxable service(s) as per ANNEXURE enclosed with this return.
A11.1 & A11.2If 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 & A12.2If 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.
B1.1Gross 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
B1.2Gross 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 before provision 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 & B2.7In 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.
B1.8With 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.
B1.12Any 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 & B2.15If 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 & B2.16As 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 & B2.18Deduction 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 & B2.6Amount 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 & F3If 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 & F4Rule 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 of Rs 120/- for any of his future liability of service tax.
D5, E5 & F5Rule 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 & F6Rule 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 & F7Some 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 G6Arrears 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.
G7Any 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.
G10Amount 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
G11Any other amount paid may be specified. (It may include amount paid in terms of any adjudication order, any appellate order, etc.)
H2Against 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.
I3.1.3.4This 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
I3.1.3.7If 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
JThis information has to be furnished by an input service distributor only.
J1.4, J2.4 & J3.4This 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
ANNEXURETO INSTRUCTIONS OF ST-3 RETURN
DESCRIPTIONOF 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
115Electricity 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 Secretaryto the Government of India
Note: The principal notification was published inthe Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) videnotification No. 2/94-ST, dated 28th June, 1994 vide number G.S.R546(E), dated the 28th June, 1994 and was last amended bynotification No 48/2012- Service Tax, dated the 30th November, 2012,vide GSR 858(E)dated the 30th November 2012.

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