Thursday 2 July 2015

Service Tax Revised Return can be filed within 90 days

In case of any error, mistake or omission realised after filing of the Service Tax Return, the assessee may filed a Service Tax Revised Return to correct such error/mistake/omission.
As per Rule 7B of the Service Tax Rules 1994, an assessee may file a service tax revised return in triplicate in Form ST 3 to correct the mistake or omission, within a period of 90 days from the date of submission of Return under Rule 7.
revised-return-service-tax
An explanation has also been added to the same which states that where a service tax revised return is being submitted by the assessee, the date of submission of such revised return will be considered as the relevant date to calculate the time limit for issue of Show Cause Notice for recovery of Service Tax under Section 73.
Earlier the time limit for filing the service tax revised return was only 60 days but this time limit was increased to 90 days vide Notification no 4/2008 dated 1st March 2008.
It is pertinent to note that 90 days would be considered from the date of filing of service tax return and not from the last date for filing service tax return. This can be explained with the help of an example.
For eg: The due date for filing of return was 25th Oct and Mr X filed his service tax return on 10th Oct. In such a case, the 90 day period for filing service tax revised return would be counted from 10th Oct and not from 25th Oct.

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