Can penalty on late filing of service tax return be waived

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This query is : Resolved

SANJAY (Querist)

16 April 2016 Can penalty on late filling of service tax return (not being NIL) be waived if registration is voluntarily obtained and tax has been paid along with interest and total turnover does not exceed Rs. 10 lakhs ???

Reason for not filing of return is that consultant of the assessee died and and assessee was in impression that return has been filed as tax has been paid in due time. can we take plea that as there is no loss to the revenue and there is genuine reason for not making compliance and as soon as he came to know that compliance has not been done, he through another consultant filed returns which were not filed earlier

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

16 April 2016 If late fee is paid penalty can be waived by giving reasonable cause for not filing the return. As there is reasonable cause in your case penalty can be waived.

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SANJAY

SANJAY (Querist)

16 April 2016 Can Late fee be waived as it is very much high ??

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

16 April 2016 In case of NIL service tax paid it can be waived.

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