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late filing of service tax return

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(Querist)
21 May 2009 hello friends
I am having doubt regarding penalty on non filing of return.
I want to ask:-
(a)If a person is required to file service tax return under section 70(1) then whether residuary penalty of 5000 would be imposerd on him?

(b) is late fee on late filing of teturn under service tax rule of 7(c) in nature of penalty coz if it is in nature of penalty then residuary penalty cannot be imposed.

please help.
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Bhaskaran Chackrapani Warrier

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Bhaskaran Chackrapani Warrier (Expert)
21 May 2009 Penalty u/s 77(1) and late fee for belated filing as per rule 7C are not mutually exclusive.
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