E-fieled after due date

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

19 September 2013

Dear Sir,

I have e-fieled my service tax return for the july - Sep 2012 Qtr after 86 days from the due date. it was due to some site problem Service tax Excel utility was very late.we were looked at the site every week up to January 2013 at that time also the Excel utility was not ready, after that we forgot to look at the site due to our work load.I think the utility was ready on march or April, so our e-fieling was late.

We did not received any mail or messages about the due dates from service tax.

Now we have to pay almost 7000/- rupees as penalty, how we can overcome this..?

PLz give me any suggestion for not to pay penalty

Thanks in advance

CA Ravi Kumar Murugesh

CA Ravi Kumar Murugesh (Expert)

19 September 2013 As per Rule 7C; where the return prescribed under rule 7 is furnished after the date prescribed for submission of such return, the person liable to furnish the said return shall pay to the credit of the Central Government, from the date prescribed for submission of return i.e. 25th of the month following the particular half year till the date of furnishing of the said return, prescribed penalty:
‘Provided also that where the gross amount of service tax payable is nil, the Central Excise officer may, on being satisfied that there is sufficient reason for not filing the return, reduce or waive the penalty’.
But, in your case, there is no sufficient reason for not filing the return to waive the penalty.
Even, you can write a letter to your excise officer by saying the reason that due to non avaialability of staff, you were unable to file the return within time and waive the penalty.
Some times, your luck may work.

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