Application for vces

This query is : Resolved

sanjay lalwani (Querist)
Follow

16 August 2013 Dear Sir
My client has paid his service tax dues with interest but hasnt filed his returns for the last 2 yrs.
Can he claim relief against penalty for non filing through vces ??

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
Follow

16 August 2013 VCES is only for PAYMENT of service tax.

It is NOT applicable for non-filing of service tax return.

Message likes : 1 times

sanjay lalwani

sanjay lalwani (Querist)
Follow

16 August 2013 if there is a liability which is still unpaid corresponding to the same period then ?
does he still have to pay penalty of late filing coz section 98(1) states that immunity shall be available for penalty,intt or any other proceeding under the chapter. ?

CA Suresh Jain

CA Suresh Jain (Expert)
Follow

17 August 2013 Though you are not eligible for VCES but you should file belated returns. The penalty is Rs. 500/- to maximum of Rs. 2000.00 per return, the excise officer has the power to waive the penalty in view of the following proviso to rule 7C

Provided also that where the gross amount of service tax payable is nil, the Central Excise officer
officer may, on being satisfied that there is sufficient reason for not filing the return, reduce or waive the
penalty

You should therefore file return with waiver request.

disclaimer- all answers are given as per the facts narrated by you. Answer may differ after study of full facts/statements/agreements etc. involved in the case

Message likes : 1 times

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Similar Resolved Queries

Unanswered Queries

Popular
Recent

Trending Online Classes

Direct Tax Laws & International Taxation May 26,Sept 26 & Jan 27

CA Arvind Tuli

Enroll Now
Audit Fast Track Recorded Batch For May 26,Sept 26 & Jan 27

CA Aarti Lahoti

Enroll Now
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English

CA Bhanwar Borana & CA Shubham Keswani

Enroll Now

view all classess

Meet our CAclubindia PRO Members

Nikhil Vyas

Navneet Pratap Singh

Rajesh Surapaneni

arya yashu

Amit

Subscribe Now

Application for vces

Similar Resolved Queries

Trending Online Classes

Meet our CAclubindia PRO Members

Quick Links

Browse by Category

Latest Job Openings

Manager- Finance and Compliance

Senior Executive

Accountant

CA Final

GST CONSULTANT

GST CONSULTANCY