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Every person liable to pay the service tax shall within 30 days from the date on which a service becomes taxable, or from the date of commencement of business for providing taxable service, apply for registration with the concerned Superintendent of Service Tax in form ST - 1. [ Please Refer : Section 69(1) ]
Keep in mind that in case of new business venture such limit of 30 days is from the date of commencement of BUSINESS and not from date when such provider starts providing taxable service.
Illustration : If service provider commences business from 15th of July but, starts providing service from 1st of August, in such a case time limit of 30 days will be calculated from 15th of July and not from 1st August. Thus application of registration should be filed before 15th August.
"Person liable for paying service tax"
Generally, service providers are liable to pay the service tax but, apart from that some specified persons are also liable to pay service tax even if they are not providing service. Such specific persons who are required to pay tax : [ Please Refer : Rule 2(1)(d) of the Service Tax Rules 1994. ]
1) In relation to Telecommunication Service
(a) The Director General of Posts and Telegraphs, referred to in clause (6) of Section 3 of the Indian Telegraph Act, 1885(13 of 1885)
(b) The Chairman-cum-Managing Director, Mahanagar Telephone Nigam Ltd, Delhi, a company registered under the Companies Act,1956 (1 of 1956)
(c) Any other person who has been granted a licence by the Central Government under the first proviso to sub-Section (1) of Section 4 of the Indian Telegraph Act, 1885(13 of 1885);
2) In relation to General Insurance business, the insurer or re-insurer, providing such service
3) In relation to Insurance Auxiliary Service by an insurance agent, any person carrying on the general insurance business or the life insurance business in India
4) In relation to any taxable service provided or to be provided by any person from a country other than India and received by any person in India under Section 66A of the Act, the recipient of such service (Import of Service)
5) In relation to taxable service provided by a Goods Transport Agency, where the consignor or consignee of goods is,-
(a) Any factory registered under or governed by the Factories Act, 1948
(b) Any company formed or registered under the Companies Act, 1956
(c) Any corporation established by or under any law
(d) Any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India
(e) Any co-operative society established by or under any law
(f) Any dealer of excisable goods, who is registered under the Central Excise Act, 1944 (1 of 1944) or the rules made thereunder or
(g) Any body corporate established, or a partnership firm registered, by or under any law,
Any person who pays or is liable to pay freight either himself or through his agent for the transportation of such goods by road in a goods carriage;
6) In relation to business auxiliary service of distribution of Mutual Fund by a mutual fund distributor or an agent, as the case be, the mutual fund or Asset Management Company receiving such service.
7) In relation to Sponsorship Service provided to any body corporate or firm located in India, the body corporate or, as the case may be the firm who receives such sponsorship service.
The Central Government in Official Gazette may specify such other person or class of persons, even though not liable to pay service tax, but required to apply for registration. [ Please Refer : Service Tax Notification No. 27/2005 dated 07-06-2005 ]
Persons Required to Apply for Registration :
(1) The input service distributor shall make an application to Jurisdictional Superintendent within 30 days from 16-06-2005 or commencement of business whichever is earlier in form ST – 1.
(2) Any provider of taxable service whose aggregate value of taxable service in a financial year exceeds Rs. 9 Lakhs shall make an application to the jurisdictional Superintendent of Central Excise in form ST – 1 for registration within a period of 30 days of exceedingthe aggregate value of taxable service of Rs. 9 Lakhs. [ Please Refer : Service Tax Notification no. 10/2008 dated 01-03-2008 ]
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