Late Payment

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SHWETA GERA (Querist)
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16 September 2010 Sir/Madam
What is the Due date for payment of Service Tax Payable as on 31st March?
Our client which is a Pvt. company paid the same with Service Tax payable for the month of April on 5/05/2010 but there is no penalty and interest for delayed payment in records and also there is no notice received from department in this regard.
Is it correct? Amount of liab. is Rs. 3400.

GSTP Hari Dhayalan Konar

GSTP Hari Dhayalan Konar (Expert)
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16 September 2010 Normally service tax payment due date is every 5th of preceding month's payable. but March month due date is 31st March of the year only. Service Tax return due date is October 25th for April to September (1st Half yearly) and April 25th for October to March (2nd Half yearly).

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Aditya Maheshwari

Aditya Maheshwari (Expert)
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16 September 2010 Due date for march is 31.03 only.

You have to pay interest @ 13% p. a. on number of days of delay from the due date.

Imposition of penalty under sections 76 and 78 of Finance Act, 1994 is not automatic

· · A discretion is conferred on the authorities not to impose the penalty which includes imposition of penalty less than what is prescribed under law, depending upon the reasonable cause to be shown for the failure to pay the penalty

HIGH COURT OF KARNATAKA

CCE

v.

Tiger Service Bureau

C.E.A. No. 71 of 2007

August 27, 2010

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SHWETA GERA

SHWETA GERA (Querist)
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16 September 2010 Thankyou sir but will it attract Qualification? as no notice received by dept.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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16 September 2010 If you are asking from the point of view of CARO then no qualification as there is demand outstanding or no order levying penalty has been passed. So no need to qualify.

Only the same will be disclosed in form 3CD under section 43B payments.

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