Sunita (CA) (55 Points)
19 October 2010Hi,
Our client has not filed service tax return for last 3 FY 07-08,08-09,09-10.Now she wants to file nil return for these 3 years and for current half year. May I please know the penalty payable and other provisions for delay in filing return..
Thanks in adv...
Late fee and penalty for filing late return - Section 70(1), as amended by Finance Act, 2007 w.e.f. 11-5-2007, makes provision for late filing of return with late fee which can be upto Rs 2,000. Late fee payable will be prescribed by Central Government by issuing a notification. The late fee payable is as follows – (a) Delay Upto 15 days – Rs 500 (b) Beyond 15 days and upto 30 days – Rs 1,000 (b) Delay beyond 30 days – Rs 1,000 plus Rs 100 per day of delay beyond 30 days, from 31st day maximum Rs 2,000- rule 7C inserted w.e.f. 12-5-2007.
Department is required to accept late return even if late fee is not paid – In case of returns filed late, the appropriate late fees should be paid at the time of filing the return, without waiting for any communication or notice from the department. Mere non-submission of evidence of payment of late fee along with the return is, however, not a ground for refusal to allow filing of the return – para 6.4 of CBE&C Circular No. 97/8/2007-ST dated 23-8-2007.
Regards
EKALABYA TALUKDAR
(SERVICE TAX CONSULTANT)
(666 Points)
Replied 19 October 2010
| Originally posted by : meena | ||
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Hi, Our client has not filed service tax return for last 3 FY 07-08,08-09,09-10.Now she wants to file nil return for these 3 years and for current half year. May I please know the penalty payable and other provisions for delay in filing return.. Thanks in adv... |
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WHATEVER PUNISHMENT THE SERVICE TAX AUTHORITY WILL DO IS KNOWN, PLEASE DO NOT REMEMBER THEM ABOUT YOUR FAULT
IN THIS YEAR YOU SUBMIT YOUR RETURN
SERVICE TAX PEOPLE ARE MERE GOVT EMPLOYEE, YOU MAY COME OUT OF YOUR FEAR
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mohan penugunta
(ACCOUNTANT)
(21 Points)
Replied 20 October 2010
Hi,
We are service provider of software compnies in India and Foreign countries, can you please answer what is the exemption notification no for foreign services.
Best Regards,
Mohan
CAclubindia
