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Indian Service Tax

ASSESSMENT

The most significant legislative change made in the provisions of the Service Tax relates to the introduction of self-assessment procedure vide amendments made to Sections 70 and 71 w.e.f. 16-7-2001. Section 71 has also been amended to provide verification by the Superintendent for correctness of the tax assessed by the assessee on self-assessment basis. Where service tax on any services has escaped assessment or has been under-assessed, the Assistant Commissioner/Deputy Commissioner of Central Excise is required to pass an order of assessment. In view of the amended provisions, the Superintendent is not required to pass any order of assessment. He should only refer the matter to Assistant Commissioner/Deputy Commissioner concerned along with his observation and report.

Sub-rule (3) of Rule 6 provides a facility for adjusting excess payments of service tax by the assessee.

Form ST-3 is reproduced below:

FORM ST – 3

[See Rule 7 of service Tax Rules, 1994] Return of service tax credited to the Government of India for the period________________to_________________Commissionerate.

Name of the assessee
Whether an individual or proprietary firm or partnership firm or any other (please specify)
Category of services
Service Tax Registration No

Name of the taxable service provided	Month(s)	Value of taxable service charged or billed (indicate break-up of the amount month-wise)	Value of taxable service realized (indicate break-up of the amount month-wise)	Amount of service tax payable	Amounts of service tax adjusted in terms of sub-rule(3) of Rule 6 of the Service Tax Rules, 1994*	Amount of interest, if any payable
1	2	3	4	5	6	7

Details of payment made to the Government credit	Mode of pament
	Cash(8a)			Service Tax credit 8(b)	Total amount paid (8a+8b)
	Amount	Challan No. and date/Journal Slip No. and date		Amount
Service tax paid
Interest paid				xxxxx
Any other amount paid **				xxxxx

* Please specify and enclose documentary evidence.

** Please specify on what account the amount has been paid.

Self - assessment Memorandum

1. I/We declare that the above particulars are in accordance with the records and books maintained by us and are correctly stated.

2. I/We have assessed and paid the service tax correctl in terms of the provisions of the Act and rules made thereunder.

3. I/We have paid duty within the time specified in these rules and in case of delay. I/We have deposited the interest leviable as per Section 75 of the Act. (Worksheet of interest calculation is attached) .

Acknowledgement

Date of receipt________________________

Signature & official Seal of the Superintendent of Central Excise

Place:
Date:

Note

1. Details in each of the column should be furnished separately for each of the taxable service rendered by the assessee.

2. Service tax credit shall be utilized only for payment of service tax on output service and not for interest or penalty.

3. In case service tax credit on input service is availed, enclose the proforma in terms of rule 5(4) of the Service Tax Credit Rules, 2002.