Saturday, August 22, 2009

SERVICE TAX REGISTRATION PROCEDURE AMENDMENT IN REGSITRATION


on Saturday, August 22, 2009

The provisions under service tax with regard to registration not only require the assessee to register himself when he starts providing a taxable service, but also to amend his certificate of registration every time there is a change in his business profile. He is also required to state at the time of registering as whether he wants to opt for centralized registration or not. This option can be exercised even at a later date in which case, he would have to get his Registration Certificate amended. Apart from a service provider, even a service receiver who is liable to pay service tax u/s 68(2) of Chapter V of Finance Act 1994 would be required to register himself under service tax for the purpose of paying service tax. The requirement as to registration would also extend to an Input Service Distributor who would want to distribute Cenvat credits on inputs, input services or capital goods to the unit providing taxable service or engaging in manufacturing of dutiable final products. The procedures with regard to registration under service tax in each of the scenarios would basically be the same with very minor changes which would be evident on the application for registration.



What is the procedure for registration?

  1. The assessee shall make an application in form ST 1 (DOWNLOAD ST-1 IN EXCEL)to the Superintendent of Central Excise in duplicate. 
  2. The application shall be filed within 30 days from the date of providing taxable service and shall bear the address sought to be registered 
  3. The application should be filled up carefully without errors and columns and boxes which are not applicable may contain “NA” stated across them.All the taxable services provided should be mentioned on the application and there would not be separate applications for each of such taxable services
  4. The Form should be signed by the director/partner/sole proprietor as the case may be or the authorized signatory.
  5. The application shall be accompanied by copies of the following documents -
    • Self certified copy of PAN, (where allotment is pending, copy of the application for PAN may be given)
    • Copy of MOA/AOA in case of Companies
    • Copy of Board Resolution in case of Companies
    • Copy of Lease deed/Rental agreement of the premises
    • A brief technical write up on the services provided 
    • Registration certificate of Partnership firm
    • Copy of a valid Power of Attorney where the owner/MD/Managing Partner does not file the application
  6. Once filed, the acknowledgement for having filed the application is to be obtained on the duplicate copy for one’s own reference
  7. 7. If the Particulars stated in the Form are correct, then the registration certificate would be provided within a period of seven days. Where not so provided, the registration is deemed to have been granted.

How is centralized registration different?

Centralised registration is opted for in a case where the accounting and billing operations of the assessee are centralized in an administrative office which may be a branch or Head Office despite the services being provided from more than one location. The premises that is registered here is the one where the centralized accounting and billing is done. This decision is at the option of the tax payer and he can also opt to have
multiple registration which however may not be advisable.The procedure would be the same as explained above with a few exceptions -

  • The registration in case of centralized registration would be granted by the Commissioner of Central Excise having jurisdiction over the centralized premises 
  • The registration formality at the department’s end takes a little longer than the period stated above and the concept of deemed registration need not apply here 

The following documents are required in addition to the documents needed under the
aforesaid procedure -

  • a. Proof of address of each such premises or branches for which centralised registration is sought 
  • b. Proof of address of branches, new offices opened if any 

How to make amendments with regard to changes in particulars?

Amendment would be required where there is any change in the particulars furnished in the ST 1 at the time of registration.

  •  The changes shall be intimated to the department within 30 days of such change 
  • The fact that the ST 1 is being filed for an amendment, should be clearly highlighted on the form 
  •  The assessee shall submit a certified copy of the Registration Certificate 
  •  The application may also be accompanied by a covering note explaining the circumstances that led to the change with copies of relevant documents being given.

The above material is Extract from E-Book on service tax(if you like above information download it fully ,its free to download
Book name:FUNDAMENTALS OF SERVICE TAX MADE EASY 
Author:Madhukar N Hiregange (B.Com, FCA, DISA, CISA) & Srikantha Rao T ( B.Com, ACA )

Download Complete Book on service tax as updated by finance act 2009 From here