Peanlty in case of service tax return
This query is : Resolved
17 April 2013
Dear Sir
I have filed service tax return Oct-11 to Mar-12 using online option where the option of save is not there. Only the option to submit was available there.
Now the department notice us that your return was not submitted only save. whereas we have filed the return and submitted the hard copy of return to department also.
The department is saying that penalty will be there as you have not filed the return.
Please Guide.
Thanks in advance
Regards
Raman Dhiman
8679178449
I have filed service tax return Oct-11 to Mar-12 using online option where the option of save is not there. Only the option to submit was available there.
Now the department notice us that your return was not submitted only save. whereas we have filed the return and submitted the hard copy of return to department also.
The department is saying that penalty will be there as you have not filed the return.
Please Guide.
Thanks in advance
Regards
Raman Dhiman
8679178449
26 April 2013
Can anyone solve the issue its urgent
28 June 2013
There is no expert to solve the query
09 August 2024
If you have faced a situation where the Service Tax return was filed online but the department claims it was only saved and not submitted, and you also submitted a hard copy, here’s what you can do:
### Steps to Address the Issue:
1. **Verify the Submission Status:**
- **Online Submission:** Log in to the Service Tax e-filing portal and check the status of your return. Verify if the return is marked as “Submitted” or “Saved” in the system. You might be able to see the status or the history of the return submission.
- **Hard Copy Submission:** Ensure you have a receipt or acknowledgment of the hard copy submission. This is crucial to prove that you complied with the submission requirement.
2. **Obtain Evidence:**
- **Acknowledgment Receipt:** If you have a receipt or acknowledgment for the hard copy submitted, keep it handy.
- **Emails/Communication:** Look for any emails or confirmation messages from the Service Tax department regarding the online submission.
3. **Respond to the Department’s Notice:**
- **Written Response:** Draft a formal response to the department’s notice explaining the situation. Include details such as:
- The date and time of online submission.
- Evidence of hard copy submission (receipt/acknowledgment).
- Any correspondence or communication with the department regarding the submission.
4. **Request for Review:**
- Request a review or reconsideration of the penalty by presenting all your evidence and explaining that you had complied with the submission requirements both online and through hard copy.
5. **Follow Up:**
- **Check Status:** Regularly follow up with the department to ensure that your response is being processed and that any penalties are reconsidered.
- **Keep Records:** Maintain all records of correspondence, submissions, and receipts for future reference.
### Potential Penalty:
If the department insists on a penalty for non-filing, you may be liable to pay a penalty for late filing or non-filing as per the provisions of the Service Tax Rules. The penalty amount typically depends on the delay and the specific circumstances of your case.
### Relevant Service Tax Rules:
- **Late Filing Penalty:** Under Service Tax Rules, a penalty can be imposed for late filing of returns. The amount of the penalty may vary based on the delay and whether it’s a first-time offense or a repeated one.
- **Interest on Late Payment:** Besides penalties, interest may be charged on any delayed payment of service tax.
### Advice:
- **Consult a Professional:** If the issue persists or if you face difficulties resolving the matter, consider consulting a tax advisor or legal professional specializing in service tax matters. They can provide guidance tailored to your specific situation and help in dealing with the department more effectively.
By addressing the situation with proper evidence and communication, you can clarify the misunderstanding and potentially avoid or reduce the penalty.
### Steps to Address the Issue:
1. **Verify the Submission Status:**
- **Online Submission:** Log in to the Service Tax e-filing portal and check the status of your return. Verify if the return is marked as “Submitted” or “Saved” in the system. You might be able to see the status or the history of the return submission.
- **Hard Copy Submission:** Ensure you have a receipt or acknowledgment of the hard copy submission. This is crucial to prove that you complied with the submission requirement.
2. **Obtain Evidence:**
- **Acknowledgment Receipt:** If you have a receipt or acknowledgment for the hard copy submitted, keep it handy.
- **Emails/Communication:** Look for any emails or confirmation messages from the Service Tax department regarding the online submission.
3. **Respond to the Department’s Notice:**
- **Written Response:** Draft a formal response to the department’s notice explaining the situation. Include details such as:
- The date and time of online submission.
- Evidence of hard copy submission (receipt/acknowledgment).
- Any correspondence or communication with the department regarding the submission.
4. **Request for Review:**
- Request a review or reconsideration of the penalty by presenting all your evidence and explaining that you had complied with the submission requirements both online and through hard copy.
5. **Follow Up:**
- **Check Status:** Regularly follow up with the department to ensure that your response is being processed and that any penalties are reconsidered.
- **Keep Records:** Maintain all records of correspondence, submissions, and receipts for future reference.
### Potential Penalty:
If the department insists on a penalty for non-filing, you may be liable to pay a penalty for late filing or non-filing as per the provisions of the Service Tax Rules. The penalty amount typically depends on the delay and the specific circumstances of your case.
### Relevant Service Tax Rules:
- **Late Filing Penalty:** Under Service Tax Rules, a penalty can be imposed for late filing of returns. The amount of the penalty may vary based on the delay and whether it’s a first-time offense or a repeated one.
- **Interest on Late Payment:** Besides penalties, interest may be charged on any delayed payment of service tax.
### Advice:
- **Consult a Professional:** If the issue persists or if you face difficulties resolving the matter, consider consulting a tax advisor or legal professional specializing in service tax matters. They can provide guidance tailored to your specific situation and help in dealing with the department more effectively.
By addressing the situation with proper evidence and communication, you can clarify the misunderstanding and potentially avoid or reduce the penalty.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- GSTR9- ITC
- Audit of F and O T/O
- GST 9- Table 8
- REVENUE RECOGNITION AS PER IND AS 115
- RCM on GTA Services
- How to update Transaction data in broker samco account holding after transfer shares KARVY
- Applicablity on tds
- Unable to generate and save json file for updated return
- GST payable under RCM
- WRONGLY UPLOADED 10IF FOR COOPERATIVE SOCIETY
- Related to Rate of Depreciation
- Mismatch of Sales Invoice in GSTR-1
- Query on Mismatch of Sales Invoice in GSTR-1
- Import purchase entry
- Rule 54(1A) for Distributing ITC
- EXCESS CREDIT REALTED GST REVERSAL
- Export invoice not reported
- CA Articleship Extension Matter
- GST OFFICER WRONG NOTICE
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
Trending Online Classes
CAclubindia
