Civil Procedure Code (CPC)

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Advocate Ashish Ranjan Samal (Advocate)     26 February 2013

Notification no. 01/2013-service tax form st - 3 dtd. 22.02

April – September
October - March
TO BE PUBLISHED IN THE GAZETTE OF INDIA EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(DEPARTMENT OF REVENUE)
Notification No. 01/2013-Service Tax
New Delhi, the 22nd February, 2013
3 Phalguna, 1934 Saka
G.S.R (E).-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 ( Amendment) Rules, 2013.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Service Tax Rules, 1994, -
(a) in rule 7, in sub-rule (2), after the proviso, the following proviso shall be inserted, namely:-
“ Provided further that the Form ST- 3 for the period between the 1st day of 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 be substituted, namely:-
“FORM ST-3”
(Return under section 70 of the Finance Act, 1994 read with rule 7 of Service Tax Rules, 1994)
(Please see the instructions carefully before filling the Form)
PART-A GENERAL INFORMATION
A1
ORIGINAL REVISED
(Please tick whichever is applicable)
A2 STC Number:
A3 Name of the assessee:
A4
Financial Year -
A5 Return for the period (Please tick the appropriate period)
A6 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
A7 Premises Code Number:
A8 Constitution of the assessee (Please tick the appropriate 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
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A10 Assessee is 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 service
A10.6 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-B VALUE OF TAXABLE SERVICE AND SERVICE TAX PAYABLE
(TO BE DISPLAYED SERVICE-WISE)
B1 FOR SERVICE PROVIDER
Month / 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
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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
B2 – FOR SERVICE RECEIVER
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
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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
PART-C SERVICE TAX PAID IN ADVANCE
Amount of Service Tax paid in advance under sub-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
PART-D SERVICE TAX PAID IN CASH AND THROUGH CENVAT CREDIT
Service Tax, Education Cess, Secondary & Higher Education Cess and other amounts paid
(To be filled by a person liable to pay service tax and not to be filled by an Input 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
PART-E EDUCATION CESS PAID IN CASH AND THROUGH CENVAT CREDIT
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
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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
PART-F SECONDARY& HIGHER EDUCATION CESS PAID IN CASH AND THROUGH CENVAT CREDIT
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
PART G - ARREARS, INTEREST, PENALTY, ANY OTHER AMOUNT ETC. PAID
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)
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 details for 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
descripttion of
payment entry
in this return
Month/
Quarter
Challan / Document / Credit
Entry Reference Number etc.
Challan /
Document
Date
Amount
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** (Assessee liable to pay service tax on quarterly basis may furnish 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:
I1.1 Whether providing any exempted service or non-taxable service (‘Y’/‘N’)
I1.2 Whether manufacturing any exempted excisable goods (‘Y’/‘N’)
I1.3 If 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/
Nov
Jun/
Dec
July/
Jan
Aug/
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/
Oct
May/
Nov
Jun/
Dec
July/
Jan
Aug/
Feb
Sep/
Mar
I3.1 DETAILS OF CENVAT CREDIT OF SERVICE TAX AND CENTRAL EXCISE DUTY TAKEN AND UTILISATION
THEREOF –
I3.1.1 Opening Balance
I3.1.2 Credit taken
I3.1.2.1 on inputs
I3.1.2.2 on capital goods
I3.1.2.3 on input services received directly
I3.1.2.4 as received from Input Service Distributor
I3.1.2.5 from inter-unit transfer by a LTU
I3.1.2.6 Any other credit taken (please specify)
I3.1.2.7 TOTAL 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)
I3.1.3 Credit Utilised
I3.1.3.1 for payment of service tax
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I3.1.3.2 for payment of Education Cess on taxable
services
I3.1.3.3 for payment of Secondary and Higher Education
Cess on taxable services
I3.1.3.4 for payment of excise duty or any other duty
I3.1.3.5 towards clearance of input goods and capital
goods removed as such or after use
I3.1.3.6 towards inter unit transfer to LTU
I3.1.3.7 for payment of an amount under rule 6(3) of
CENVAT Credit Rules, 2004
I3.1.3.8 for any other payments/adjustments/reversal
(Please specify)
I3.1.3.9 TOTAL 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)
I3.1.4 Closing 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 –
I3.2.1 Opening Balance of Education Cess
I3.2.2 Credit of Education Cess taken
I3.2.2.1 on inputs
I3.2.2.2 on capital goods
I3.2.2.3 on input services received directly
I3.2.2.4 as received from Input Service Distributor
I3.2.2.5 from inter unit transfer by a LTU
I3.2.2.6 Any other credit taken (please specify)
I3.2.2.7 Total 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)
I3.2.3 Credit of Education Cess utilised
I3.2.3.1 for payment of Education Cess on goods &
services
I3.2.3.2 towards payment of Education Cess on
clearance of input goods and capital goods
removed as such or after use
I3.2.3.3 towards inter unit transfer to LTU
I3.2.3.4 for any other payments/adjustments/ reversal
(please specify)
I3.2.3.5 Total 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 –
I3.3.1 Opening Balance of SHEC
I3.3.2 Credit of SHEC taken
I3.3.2.1 on inputs
I3.3.2.2 on capital goods
I3.3.2.3 on input services received directly
I3.3.2.4 as received from Input Service Distributor
I3.3.2.5 from inter unit transfer by a LTU
I3.3.2.6 Any other credit taken (please specify)
I3.3.2.7 Total 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)
I3.3.3 Credit of SHEC utilised
I3.3.3.1 for payment of SHEC on goods & services
I3.3.3.2 towards payment of SHEC on clearance of input goods and capital
goods removed as such or after use
I3.3.3.3 towards inter unit transferto LTU
I3.3.3.4 for any other payments/adjustments/reversal (please specify)
I3.3.3.5 Total credit of SHEC utilised I3.3.3.5=
(I3.3.3.1+I3.3.3.2+I3.3.3.3+I3.3.3.4)
I3.3.4 Closing 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/Quarter Apr/
Oct
May/
Nov
June/
Dec
July/
Jan
Aug/
Feb
Sep/
Mar
J1 DETAILS OF CENVAT CREDIT OF SERVICE TAX & CENTRAL EXCISE DUTY TAKEN AND DISTRIBUTION THEREOF –
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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 DETAILS OF CENVAT CREDIT OF EDUCATION CESS TAKEN AND DISTRIBUTION THEREOF –
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 DETAILS OF CENVAT CREDIT OF SECONDARY AND HIGHER EDUCATION CESS TAKEN AND DISTRIBUTION THEREOF –
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)}
PART K
SELF ASSESSMENT MEMORANDUM:
(a) I/We declare that the above particulars are in accordance with the records and books maintained by me/us and are correctly stated.
(b) I/We have assessed and paid the service tax and/or availed and distributed CENVAT credit correctly as per the provisions of the
Finance Act, 1994 and the rules made thereunder.
(c) I/We have paid duty within the specified time limit and in case of delay, I/We have deposited the interest leviable thereon.
(d) I have been authorised as the person to file the return on behalf of the person providing the taxable service/recipient of service, as the
case may be.
Place:
Date:
(Name and Signature of Assessee or Authorised Signatory)
PART L
If the return has been prepared by a Service Tax Return Preparer or Certified Facilitation Centre (hereinafter referred to as ‘STRP’/’CFC’), furnish
further details as below:
(a) Identification No.
of STRP/CFC
(b) Name of
STRP/CFC
(Signature of STRP/CFC)
*****
INSTRUCTIONS TO FILL UP FORM ST-3:
A. General Instructions
(i) If there 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 assessee should file amendment to ST1 application online in ACES for getting the Amended ST2
issued by the departmental officer. If the assessee has 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 of the same by the departmental officer, he should file the return.
(ii) Please indicate ‘NA’ against entries which are not applicable.
(iii) Please indicate ‘Nil’ where the information to be furnished is nil.
(iv) Please fill ‘Y’ for Yes, or ‘N’ for No wherever it is written as (‘Y’/’N’) in the FORM.
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).
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.
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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
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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.
B1.12
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
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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
ANNEXURE TO INSTRUCTIONS OF ST-3 RETURN
DESCRIPTION OF TAXABLE SERVICES FOR FILLING UP SERVICE TAX RETURN (ST-3)
Sl.
No. Descripttion 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
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Sl.
No. Descripttion of Taxable Services
(1) (2)
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
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Sl.
No. Descripttion of Taxable Services
(1) (2)
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 descripttion/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)
F.No: 137/98/2006-CX4 ( Part I)
(Rajkumar Digvijay)
Under Secretary to the Government of India
Note: The principal notification was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide notification No.
2/94-ST, dated 28th June, 1994 vide number G.S.R 546(E), dated the 28th June, 1994 and was last amended by notification No 48/2012-
Service Tax, dated the 30th November, 2012, vide GSR 858(E) dated the 30th November 2012.
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 1 Replies

Neha Sharma (Student)     26 February 2013

Thnx for the update :)


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