Amount of penalty

This query is : Resolved

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CA JUHI GARG

CA JUHI GARG (Querist)
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18 April 2012 IF PENALTY DETAILS ARE MISSED TO SHOW IN BELATED RETURN THAN CAN WE SHOW IT IN REVISED RETURN.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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18 April 2012 Yes u can do so.

CA Kishore Tallam

CA Kishore Tallam (Expert)
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18 April 2012 If it is a belated return, then u cannot file a revised return for belated return.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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18 April 2012 Dear Kishore,
With all due respect the return here discussed is of service tax return and not income tax return in which belated return cannot be revised.

In service tax the same can be revised even if filed belatedly.

CA Nikhil Jhanwar

CA Nikhil Jhanwar (Expert)
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18 April 2012 Agreed there is no concept of belated return in service tax, it can be revised within 90 days of filing

CA Kishore Tallam

CA Kishore Tallam (Expert)
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18 April 2012 Dear Aditya,
With due respect, I am also referring incase of Service tax only. Even in case of service tax, a belated return cannot be revised.
As per Rule 7B, returns which are filed under Rule 7 only can be revised.

Suresh Ramaswamy

Suresh Ramaswamy (Expert)
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18 April 2012 The revenue acts of the Centre all follow the same principle - a belated return cannot be revised. In the IT Act it is specified that only the return filed under 139(1) can be revised i.e. within due date. In Service tax as CA Kishore has rightly clarified only returns filed under Rule 7 can be revised. Rule 7 does not cover belated return.

Suresh Ramaswamy

Suresh Ramaswamy (Expert)
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Suresh Ramaswamy

Suresh Ramaswamy (Expert)
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Aditya Maheshwari

Aditya Maheshwari (Expert)
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18 April 2012 Ok if revised return option is not available then write a letter to the service tax department stating the mistake happened in filing of return along with copy of challan.

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