Workshop for Accountants 23rd February, 2012 CA Kejal V. Pandya Partner Kejal Pandya & Associates Chartered Accountants Basics Methods of Preparing Return Steps prior to e-filing Practical Issues CA Kejal V. Pandya 23.02.2012 2 Applicability of electronically: filing Service Tax Return ◦ Vide Rule 7 amended by Notification No. 43/2011-ST dated 25/08/2011 ◦ With effect from 25th August, 2011 Website ◦ http://servicetaxefiling.nic.in CA Kejal V. Pandya 23.02.2012 3 Prepare Return directly on website Download Excel utility, prepare Return and upload XML Use ready made software CA Kejal V. Pandya 23.02.2012 4 File an application to the jurisdictional Asst./Deputy Commissioner of Service Tax, specifying – ◦ 15-digit PAN based registration number (STP Code) ◦ Valid e-mail address Department will send User ID and Password to be used ◦ to file ST Return ◦ To avail other online facilities CA Kejal V. Pandya 23.02.2012 5 Log on to the Service Tax e-filing home page Upon entering the Service Tax code, user ID and password, you will be permitted to access the e-filing facility. Follow the instructions given therein for filing the Returns Obtain the acknowledgement. CA Kejal V. Pandya 23.02.2012 6 Download latest excel utility before filing ST Return every time to cover the updates provided by the department in the utility Read instructions before preparing Return CA Kejal V. Pandya 23.02.2012 7 No facility to segregate Service wise credit available (b/f and c/f) No facility to attach any document to provide additional information/clarification from assessee’s side After uploading the Return, the amount in the Return is shown as zero. Contact department immediately confirm the Return amount ASAP CA Kejal V. Pandya 23.02.2012 and 8 In excel utility, auto calculation not available resulting into manual calculation and entry for all fields Filing of Return under "Goods Transport Operators Service" allowed though this service has been replaced by "Transport of Goods by Road (GTA) Service" This may lead to errors - ACES system should be updated in this regards. CA Kejal V. Pandya 23.02.2012 9 Can a public holiday be considered as "grace day" for counting penal clause of nonfiling of service tax Returns? That too in an 24*7 online era of Return filing? No clarification from law in this regard. Penalty of Rs.20,000 even in case of NIL Return Penalty to be paid for all Returns filed after 01.04.2011 i.e. Returns of earlier years filed late? – law is silent CA Kejal V. Pandya 23.02.2012 10 “Save” option available only at the end of the online Return Page number not available making it difficult to verify if anything is missed out Direct access to any particular page not available, hence whole Return has to be scrolled for editing CA Kejal V. Pandya 23.02.2012 11 In case of centralized registration, Return is to be filed with consolidated data under the premises code of the address which is registered for centralized billing and accounting. Option for all premises code is provided for selection instead of the main code… may result in error CA Kejal V. Pandya 23.02.2012 12 Entries of more than one challans paid in the single month ◦ Excel utility Select Month/Quarter October October October GAR-7 Challan(s) 69103330909201050025 69103330909201050036 02001880710201100097 CA Kejal V. Pandya 23.02.2012 13 Online Utility (II) DETAILS OF CHALLAN (VIDE WHICH SERVICE TAX EDUCATION CESS, SECONDARYAND HIGHER EDUCATION CESS AND OTHER AMOUNTS PAID IN CASH) Month April May GAR-7 Challan 00033210407201100011,02001880707201100086 00033210410201100033,02001880710201100086 CA Kejal V. Pandya 23.02.2012 14 Is it required to add "Trading values" in column of total billing or total receipts received while filing ST-3 ◦ No. The assessee shall avoid trading values or total excluded values of services while totaling the gross billing required to be shown in ST-3. CA Kejal V. Pandya 23.02.2012 15 Incorporating Source Document in service tax return? The source document is reference of document against which payment of service tax, interest or penalty is paid either in cash or in credit. The document could be audit report, order of any service tax authority or demand notice. CA Kejal V. Pandya 23.02.2012 16 If assessee does not know against which document payment is made or lost/misplaced the document, assessee can generate a dummy number to feed the source document data field. CA Kejal V. Pandya 23.02.2012 17 The source document number consists five variables as follows: • Service Tax Number • Authority against which payment is made (i.e. AC = Assistant Commissioner) • year of order or report • Serial number of order or report (in three digit) • Prefix OIO (i.e. Order in Original). CA Kejal V. Pandya 23.02.2012 18 This number will help field officers in knowing exact outstanding left against a particular order or report. CA Kejal V. Pandya 23.02.2012 19 Entry number 4B requires source document If the returns are filed through Excel Utilities: 4B. Source documents details for entries at column 4A(I)(a) (iii), 4A(I)(a) (iv), 4A(I)(b) (iii), 4A(I)(b) (iv), 4A(I)(c) (iii), 4A(I)(c) (iv), 4A(I)(d) (i) to (vii) (To be filled only if any entry is made against column 4A(I)(a) (iii), 4A(I)(a) (iv), 4A(I)(b) (iii), 4A(I)(b) (iv), 4A(I)(c) (iii), 4A(I)(c) (iv), 4A(I)(d) (i) to (vii) CA Kejal V. Pandya 23.02.2012 20 Reference to adjustment and other Payment Head Select Payment Type Other amounts paid – Penalty Month/ Quarter October Source document No./ Period Date AAACL0566 HST001_AC_ 17/11/2011 2011_000_O IO CA Kejal V. Pandya 23.02.2012 21 If the returns are prepared directly online 4B. SOURCE DOCUMENT DETAILS FOR ENTRIES AT COLUMN 4A(I)(a)(iii), 4A(I)(a)(iv), 4A(I)(b)(iii), 4A(I)(b)(iv), 4A(I)(c)(iii), 4A(I)(c)(iv), 4A(I)(d)(i) to (vii) Entry in table Service tax, educational cess, secondary and higher education cess paid Select S. No. S No. Other Amounts paid1 Penalty Month No./ Period Date AADRE98 07/12/20 70hST001 11 CA Kejal V. Pandya 23.02.2012 22 Mismatch in Service Tax Payable and Paid while Filing Service Tax Return or Generating XML Service Tax paid & payable figures are not matching Education Cess paid & payable figures are not matching Secondary Ed. Cess paid & payable figures are not matching CA Kejal V. Pandya 23.02.2012 23 Reason for Mismatch error: The online service tax returns (whether filed directly online or through Excel Utilities) does a reconciliation between service tax payable and service tax paid (either in cash or credit). If there is any difference or mismatch it shows the above errors. CA Kejal V. Pandya 23.02.2012 24 Course of action to remove these errors: These errors are avoidable and returns can be filed with these errors One must check the calculations of service tax payable and actually paid. If there is any major mismatch the same should be solved first and then move on to file the returns. !!! Thank You !!! !!! Never Give Up !!! CA Kejal V. Pandya 23.02.2012 26