RETURNS

RETURNS

III.          SCHEME FOR SUBMISSION OF RETURNS THROUGH SERVICE TAX RETURN PREPARERS

The Finance Act, 2008 has inserted a new section 71 to provide for the scheme for submission of returns through service tax returns preparers. Section 71 provides that the Central Board of Excise and Customs (Board) may frame a Scheme for the purposes of enabling any person or class of persons to prepare and furnish a return under section 70 and authorise a Service Tax Return Preparer to act as such under the Scheme.

A Service Tax Return Preparer shall assist the person or class of persons to prepare and furnish the return in such manner as may be specified in the Scheme framed under this section.

“Service Tax Return Preparer” means any individual, who has been authorised to act as a Service Tax Return Preparer under the Scheme framed under this section. “Person or class of persons” means such person, as may be specified in the Scheme, who is required to furnish a return required to be filed under section 70.

The Scheme framed by the Board may provide for the following, namely:—

(a) the manner in which and the period for which the Service Tax Return Preparer shall be authorised under sub-section (1);

(b) the educational and other qualifications to be possessed, and the training and other conditions required to be fulfilled, by a person to act as a Service Tax Return Preparer;

(c) the code of conduct for the Service Tax Return Preparer;

(d) the duties and obligations of the Service Tax Return Preparer;

(e) the circumstances under which the authorisation given to a Service Tax Return Preparer may be withdrawn;

(f) any other matter which is required to be, or may be, specified by the Scheme for the purposes of this section.

GIST OF SERVICE TAX RETURN PREPARERS SCHEME, 2009 NOTIFIED.

Notification No. 7/2009-ST, dated 3rd February, 2009

Educational qualification for Service Tax Return Preparers.-Any individual who has successfully completed education upto senior secondary level, under 10+2 education system, shall be eligible to become a Service Tax Return Preparer.

                                                                                        

Duties and obligations of assessee.-An assessee opting to furnish his return under this Scheme shall-

(a)    give his consent to any Service Tax Return Preparer to prepare and furnish his return;

(b)    before verifying and signing the return, ensure that the facts mentioned in the return are true and correct;

Duties and obligations of the Service Tax Return Preparer. -  The Service Tax Return Preparer shall- prepare the return with due diligence;

a)     affix his signature on the return prepared by him;

b)     furnish the return as specified in sub-paragraph (2) of paragraph 5;

c)     hand over a copy of the return to the person whose return is prepared and furnished by him;

d)     retain a copy of the acknowledgment of having furnished the return;

e)     in respect of returns prepared and furnished by him maintain record of the following, namely:-

(i)            the name of assessees whose returns have been prepared and furnished by him during that month;

(ii)            the Service Tax Code (STC)  number and premises code of such  assessees;

(iii)            period for which return is filed;

(iv)            date of furnishing the return;

(v)             authority with whom return is filed;

(vi)            amount of tax payable;

(vii)            amount of tax paid;

(viii)          the fee charged and received by him

f)      furnish a statement of particulars mentioned in item (vi) for every month on or before the seventh day of the immediately following month to the Resource Centre.