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Assessment-Service Tax

Geetanjali (Practice) (99 Points)

24 October 2007

Hello,

What is the period of completion of assessment under service tax .In case we are unable to submit relevant docs.on the date given by deptt. then can we submit later on by submitting application for extension of delay.

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6 Replies

Ajay Gumbar (Chartered Accountant) (263 Points)
Replied 24 October 2007

Unlike Income Tax laws, in Service tax laws there are only two modes of assessment viz. Self Assessment and Provisional Assessment. The assessee, at the time of filing return, himself makes the self assessment. Earlier, Section 71 provided for verification of return by Supretendent which was ruled out by Finance act 2004. The other mode is Provisional Assessment where if the assessee can not determine his liability he can apply to AC/DC for provisional assessment. The provisions for Best Judgement Assessment have been ommited wef 10.09.2004 Regards, Ajay Gumbar.

Ajay Gumbar (Chartered Accountant) (263 Points)
Replied 24 October 2007

There is no provision of belated return in Service Tax. In case of default in filing return there are provisions of penalty upto Rs 2000.

CA.Saibaburao Nanduri (Chartered Accountant) (3847 Points)
Replied 25 October 2007

Late filing of return shall attract penalty.

Shaily Jain (Chartered Accountants) (1054 Points)
Replied 25 October 2007

u can file the revised return within 60 days from the date of submission of return under rule 7 i.e. due date as per rule 7B of STR 1994

Ajay Gumbar (Chartered Accountant) (263 Points)
Replied 25 October 2007

Dear Shaily, Revised return can be filed only if a return is filed within the due date. But in case no return is filed within due date, there is no question of revising the return. In such a case, only penelty provisions shall be attracted. Regards, Ajay Gumbar.