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In case I am required to pay Service Tax. How do I do
it? |
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After you find that you are providing
one or more of the specified 81 taxable services and
value of taxable services being provided by you in the
last financial year was more than 4 lakhs, then to pay
Service Tax, you have to first obtain a Service Tax
Registration Certificate. |
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Where and how do I get Service Tax Registration
Certificate? |
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To obtain Service Tax Registration
Certificate, you have to approach the office of the
jurisdictional Assistant Commissioner and submit
application in the prescribed form ST-1 at the
centralized registration receipt counter. |
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Where do I get the application form ST-1? |
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The application forms are easily available in the
market. It can also be downloaded from this website |
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What are the requirements to be complied with at the
time of filing ST-1 form? |
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While filing ST-1 form you must have
pan number allotted by the Income Tax Department, name
and address of the assessee and address proof of the
premises being registered, name and Address of Assessee
along with address proof, name and residential address
of proprietor/partners/directors etc. in the assessee
firm/Company alongwith address proof.
“In case of partnership firm, copy of
partnership deed, copy of power of attorney authorizing
any of the partners/employees of the firm to sign deal
and comply with the matters relating to Service Tax.
In case of companies, copy of
articles of association/memorandum of association along
with a copy of resolution passed by the Board of
Directors, authorities of the Directors or employees of
the company to sign, deal and comply with the matters
relating to Service Tax.
Professionals who are members of
professional institutes and have been granted
certificate of practice, a copy of such certificate may
also be provided.
In case of stock brokers service, the
following additional information is required:-
Name of the member (with code
number), name of stock exchange for which registered,
date of admission of partnership, name of other stock
exchange (with code number), if member of more than one
stock exchange and SEBI registration number.
In case of Customs House Agent,
following additional information is required:-
Name of the signatory/signatories
authorised to sign on behalf of the CHA and CHA licence
number and period of its validity. |
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How soon after filing ST-1 can I expect to get the
Service Tax Registration? |
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The Superintendent of Service
Tax/Central Excise, after verification of the
information contained in ST-1 from will issue the
Service Tax Registration Certificate in Form ST-2 within
7 days of the receipt of such application. In case the
registration certificate’s not granted within a period
of 7 days, the registration applied for shall be deemed
to have been granted. |
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What is the legal provision for registration? |
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Legal provisions for registration are contained in
Section 69 of Chapter V of the Finance Act, 1994 read
with rule 4 of Service Tax Rules, 1994. |
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When
should one take registration? |
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Within 30 days from the date of levy of service tax or
commencement of business (provision of taxable service). |
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Whether I have to file separate ST-1 applications if I
am providing more than one service? |
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Single application is sufficient but it should contain
description of all services being provided. |
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Whether I have to take separate registration certificate
if I am providing more than one service? |
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Single certificate having mention of all the services is
sufficient. |
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Whether I have to seek separate registration for each
firm of mine located in same premises? |
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Yes. |
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What facility is there in service tax provisions for me
if I am having my business branches spread through out
the country and I am having centralized billing system
or centralized accounting system in respect of my
business? |
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Rule 4 of Service Tax Rules, 1994 provide facility of
centralized registration in such cases. |
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Who is the authority for granting such centralized
registration? |
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The authorities are-
Commissioner (if branches fall within the zone of the
Commissioner)
Chief Commissioner (if branches fall within the zone of
the Chief Commissioner)
Director General Service Tax, Mumbai, 9th Floor,
Piramal Chambers, Jijibhoy Lane, Lal Baug, Parel, Mumbai
– 400 012. (In case service branches are falling in more
than one Chief Commissioner’s Zone). |
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Are
there any guidelines in this regard? |
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Delhi Service Tax Commissionerate Trade Notice13/ST/05
dated 23.08.05 may be referred to . |
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What am I supposed to do with regard to registration in
the following situations:- |
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i) |
If I transfer my business to another person? |
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ii) |
When I stop providing taxable service for which
registration was taken |
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iii) |
When constitution of my partnership firm changes? |
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iv) |
If I start providing another service in addition to
the service already being provided? |
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v) |
What I am supposed to do if I stop rendering one of
the taxable services being provided by me? |
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Answer to above questions are given below in seriatim:- |
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i) |
The person to whom business is transferred has to take a
fresh registration certificate and the old registration
certificate should be surrendered. |
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ii) |
Registration certificate has to be surrendered after
discharging all service tax liabilities along with any
other dues (interest, penalty and amount demanded etc.) |
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iii), (iv), and (v) |
Amendment/endorement can
be got done from jurisdictional Service Tax
Superintendent i.e. the certificate issuing
authority. |
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Am I to pay my Service Tax immediately after applying
for registration? |
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It can be paid, but unless and until
your STP code is mentioned in TR-6 challan, there is
likelihood that the banks may not accept the Challan and
your money will be transferred to suspense account. It
is, therefore, advisable to take STP code by complying
with all the formalities required to be fulfilled at the
time of filing of ST-1 application. |
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Is there any penal provision for non-registration? |
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Yes. Penalty of Rs.1000/- can be imposed. |
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Is obtaining a PAN number from Income Tax Department a
must for obtaining Service Tax registration? |
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Yes. It is mandatory for obtaining a PAN number before
filing an application for registration as the
registration number issued is based on PAN number only. |
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