Non filing of Service tax & Penalty

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Ankeet Vora (Querist)
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27 April 2009 Will Late filing of Service tax return ST3 would invoke penalty even in Service tax payable was NIL due to value of taxable services provided was under the threhold limit of Rs 8 lacs ?

CA CS CIMA Prakash Somani

CA CS CIMA Prakash Somani (Expert)
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27 April 2009 The service tax law introduced a provision whereby a late payment fee has been prescribed for delayed filing of returns.

The fee for delayed filing of a return up to 30 days from the prescribed date of filing return—for the half year ending September 30, the return is to be filed by October 25—is Rs 1,000 and beyond such period is Rs 100 per day subject to a maximum levy of Rs 2,000.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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27 April 2009 The 3rd proviso to rule 7C of the service tax rules,1994 says as follows:-
If the gross amount of service tax payable is NIL the central excise officer may waive or reduce the penalty on being satified that there was sufficiant reason for not filing ST-3.

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CA Nitin Wadhwani

CA Nitin Wadhwani (Expert)
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28 April 2009 But the officer will not do so unless he is adequately bribed.

Arun Gupta

Arun Gupta (Expert)
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28 April 2009 I AM AGREE WITH NITIN ,THE OFFICERS ARE TAKING RS.1000/- FOR BACK DATING IN RETURNS.

CA.Hanumantha Reddy

CA.Hanumantha Reddy (Expert)
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28 April 2009 The reason should be sufficient for not fiing the return. In such a cases the Central Excise Officer may waive the penalty. Otherwise pay the penalty and clear the desk.
Request you to dont pay any bribe. Pay the penalty through GAR/TR-6 Challan and have the acknowlege copy.

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