Service Tax return required to be submitted by 25th October, 2012 shall cover period between April to June, 2012 only

Rule 7 of the Service Tax Rules has been amended so as to provide that the Form ‘ST-3’ required to be submitted by the 25th day of October, 2012 shall cover the period between 1st April to 30th June, 2012 only.

It means that now the ST-3 return required to be filed by 25th October 2012 will be only for the period April-June, 2012 and not for the period of 6 months from April-September, 2012.



In my view the reason for it is that as the negative list regime is applicable from 01-07-2012 and therefore the return period has been bifurcated in two parts i.e one before negative list and other after negative list.


We may also soon see a new online form based upon negative list regime.


Implication of the amendment in Rule 7 of Service Tax Rules, 1994 now will be that ST-3 return for the period 01-04-2012 to 30-06-2012 is required to be filed on or before 25th October, 2012.


It remains to be seen what will be due date of filing the return for the period 01-07-2012 to 30-09-2012 and under which form it will now be filed as on CBEC's official site a notice has also been shown to all visitors as follows.


"All Service Tax assessees are hereby informed that they will not be able to file ST 3 returns in ACES now and have to wait until the modified version of ST 3 Form is made available in a few weeks. Please revisit ACES website(http://www.aces.gov.in) for further information. Inconvenience caused is regretted."


The full notification is as below:



Service Tax (Fourth Amendment) Rules, 2012 - Amendment in rule 7
Notification No. 47/2012 ST, DATED 28-9-2012

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 the Service Tax Rules, 1994, namely:-


1. (1) These rules may be called the Service Tax (Fourth Amendment) Rules, 2012.


(2) They shall come into force on the date of their publication in the Official Gazette.


2. In the Service Tax Rules, 1994, in rule 7, in sub-rule (2), the following proviso shall be inserted, namely:-


"Provided that the Form 'ST-3' required to be submitted by the 25th day of October, 2012 shall cover the period between 1st April to 30th June, 2012 only."





  

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