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,-
A1
A3 Name ofthe assessee:
A4
A5 Return forthe period (Please tick the appropriate period)
A6
A7 PremisesCode Number:
A8 Constitution of the assessee (Please tick theappropriate category)
A9 Taxable Service(s)for which tax is being paid
A10 Assesseeis liable to pay service tax on this taxable service as–
A11 EXEMPTIONS
A12 ABATEMENTS
A13 PROVISIONAL ASSESSMENT
B2 – FORSERVICE RECEIVER
PART-C SERVICE TAX PAID IN ADVANCE
PART-D SERVICE TAX PAID IN CASH AND THROUGHCENVAT CREDIT
PART-E EDUCATION CESS PAIDIN CASH AND THROUGH CENVAT CREDIT
PART-F SECONDARY&HIGHER EDUCATION CESS PAID IN CASH AND THROUGH CENVAT CREDIT
PART G - ARREARS, INTEREST, PENALTY, ANYOTHER AMOUNT ETC. PAID
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)
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
**
(Assessee liable to pay service tax on quarterly basis mayfurnish
details quarter wise i.e. Apr-Jun, Jul-Sep, Oct-Dec, Jan-Mar)
J1 DETAILS OFCENVAT CREDIT OF SERVICE TAX & CENTRAL EXCISE DUTY TAKEN AND DISTRIBUTIONTHEREOF-
J2 DETAILSOF CENVAT CREDIT OF EDUCATION CESS TAKEN AND DISTRIBUTION THEREOF –
J3 DETAILS OFCENVAT CREDIT OF SECONDARY AND HIGHER EDUCATION CESS TAKEN AND DISTRIBUTIONTHEREOF –
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:
Ifthe return has been prepared by a Service Tax Return Preparer or CertifiedFacilitation Centre (hereinafter referred to as 'STRP'/'CFC'), furnish furtherdetails as below:
F.No:137/98/2006-CX4 (Part I)
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 INFORMATIONA1
ORIGINAL | REVISED |
(Please tick whichever is applicable)
A2 STC Number:Financial Year |
-
|
April – September | October - March |
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 |
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 |
(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 |
A11.1Has 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 | . |
A12.1 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: | . |
A13.1Whether 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 SERVICEPROVIDERMonth / 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 |
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 |
Amount of Service Tax paid in advance undersub-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 | Challan Nos., date & amount | (i) | No. | ||||||
Date | |||||||||
Amount |
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/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 in advance 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-availment of
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 |
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-availment of
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 |
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-availment of
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 |
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) |
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. |
S. No. and description of payment entry in this return
|
Month/Quarter
| Challan / Document / Credit Entry Reference Number etc. | Challan / Document Date | Amount |
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:
CREDIT DETAILS FOR INPUT SERVICE DISTRIBUTOR
(TO BE FILLED ONLY BY AN INPUT SERVICE DISTRIBUTOR):
|
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)} |
J2.1 | 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)} |
J3.1 | 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)} |
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)
PARTLIfthe 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.B.Instructions to fill up FORM ST-3
(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.
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, the
assessee 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 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 & B2.7 | 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 |
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 of Rs 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 |
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 | |
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) |
(Rajkumar Digvijay)
Under Secretaryto the Government of India
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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