ST 3 Return for period from 01.07.2012 to 30.09.2012 - Still Work in Progress?
BOARD vide F. No. 137/22/2012-Service Tax dated 28.09.2012 had instructed that the ST3 to be filed by 25th October 2012 should contain data only for the three-month period from April 2012 to June 2012. Board had also said that data for the period 1.7.2012 to 30.9.2012 would have to be furnished in a return in a revised format;the revised format of the return and the last date for filing it will be indicated separately. [Vide order 3/2012 dated 15.10.2012 this date was also extended to 25.11.2012.]
We are now in the month of February 2013 and the Financial Year is also closing in a month. The revised format is not yet notified for the period from 01.07.2012 to 30.09.2012 and many assessees are calling up to know the status and some are even worried that a format must have already been notified, but has not been given publicity.
Has the Board forgotten that a return is pending for the period from 01.07.2012 to 30.09.2012? Are they going to notify a single return for the entire 9 months period from 01.07.2012 to 31.03.2013?
Further, ST3 return is a combined return under Rule 9 (9) of the CENVAT Credit Rules, 2004 and Rule 7 of the Service Tax Rules, 1994. Though Rule 7 was amended vide Notification No 47/2012 - Service Tax, Dated: September 28, 2012 to incorporate above changes, Rule 9(9) of the CENVAT Credit Rules, still reads:
(9) The provider of output service availing CENVAT credit, shall submit a half yearly return in form specified, by notification, by the Board to the Superintendent of Central Excise, by the end of the month following the particular quarter or half year.
Why does it take the Board five months and more to prescribe a return and if they cannot prescribe a return, what is their machinery to collect the taxes?