6.1
The provisions relating to service tax returns are contained in section 70
of the Chapter V of the Finance Act, 1994 and rule 6 of the Service Tax Rules,
1994. The salient features are as under.
6.2
Every assessee is required to file a half yearly return in Form ST-3. This
return, for the periods from April to September and October to March, is to be
filed by the 25th October and the 25th April
respectively. Further, ‘Input Service Distributor’ is also required to file
this return.
6.3
The service tax return is required to be filed
under Section 70 of the Act, by 'any person liable to pay the service tax'. Similarly,
as per Rule 7 of the ST Rules, 1994, 'every service taxpayer' is required to
submit service tax return. By definition, an 'assessee' is a person liable to
pay service tax. Thus, persons, who are not liable to pay service tax (because
of the exemption including threshold exemption), are also not required to file
ST-3 returns.
6.4
E-filing of return- The service tax return can be filed electronically
after logging into the website www.servicetaxefiling.com. For this purpose the
assessee is required to obtain user-id and login password from department. For
this purpose a simple application may be made to the jurisdictional Central
Excise Officer, giving details of STC No. and an ‘e-mail id’. ‘User id’ and
‘password’ for the service taxpayer will be communicated, on the ‘e-mail-id’
furnished by him, within ten days after filing the application along with
technical details required for accessing the relevant site and the procedure
for making entries and other guidance as may be necessary. While filing the
return electronically, the service taxpayer is required to file details as
contained in Form ST-3 and duty paying challans. On submission of return,
complete in all respect, a key number will be generated by the system which
will depend on the STC No., date of filing, value of services declared and tax
paid and an acknowledgement would be generated by the system along with a copy
of Form ST-3 and Challan which could be printed by the service taxpayer for his
records.
6.5
In case of any difficulty faced in e-filing, the service taxpayer may send an
e-mail at the address specified by the Commissioner explaining the difficulties
and if any reply is not received within 2 days he may send a mail to saps@excise.nic.in
6.6 The Automation
of Central Excise and Service Tax (ACES) is under implementation. Subsequent to
its implementation, the electronic returns would be filed through ACES.