Non finling of return
This query is : Resolved
15 December 2013
WE DID NOT FILING OUR RETURN AND NOT DEDUCTED SERVICE TAX ON SERVICES FROM F.Y. 2007-08.
OUR SERVICE ALWAYS LESS THAN 8.5 LAKHS HOWEVER WE FILE OUR RETURN TILL 2006-07 INCLUDING SERVICE TAX (THEIR IS ALSO OUR SERVICES WAS LESS THAN 8.5 LAKH.
NOW, WE COVERED IN VCES OR NORMAL ?
OUR SERVICE ALWAYS LESS THAN 8.5 LAKHS HOWEVER WE FILE OUR RETURN TILL 2006-07 INCLUDING SERVICE TAX (THEIR IS ALSO OUR SERVICES WAS LESS THAN 8.5 LAKH.
NOW, WE COVERED IN VCES OR NORMAL ?
CA Ashwani Agarwal
(Expert)
15 December 2013
VCES is only for assessee who has any service tax pending against them. If you do not have any service tax pending then you cannot come under VCES. And you should also either cancel your Service Tax License or file your returns in time.
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Nikhil Kaushik
(Expert)
15 December 2013
agreed with ashwani bhai. better you surrender the registration. if required at a later stage, re-apply.
15 December 2013
IF WE SURRENDER THAN ANY PENALTY IS APPLICABLE ON IT
AND IF WE FILL ALL PENDING RETURNS CAN WE PAY ANY PENALTY?
AND IF WE FILL ALL PENDING RETURNS CAN WE PAY ANY PENALTY?
Nikhil Kaushik
(Expert)
15 December 2013
if no service tax was payable, then no need to file service tax return. just go for surrender. the department may insist on filing of returns. In such a case refer to judgment in Suchak Marketing Pvt Limited case 2013(6) TMI 641.
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Nikhil Kaushik
(Expert)
19 December 2013
you are welcome Rajesh.
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