Penalty for delayed submission of return

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Querist : Anonymous

Querist : Anonymous (Querist)

01 January 2010 My client provide services of two catagories 1)Real Estate Agents 2)Renting of Immovable Property Services
we have not submitted the return for the f y 07-08 and f y 08-09 upto now.We have paid penalty for the f y07-08 and f y 08-09 on Real Estate Agents Service.The service tax officer says that we have to pay penalty on Renting of Immovable Property Services also.please clear as early as possible.
From U B Mittal

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

02 January 2010 If service tax legitimately due to the Government, irrespective of the nature of service,is not paid or paid belatedly penalty can be imposed under section 76 of The Finance Act,1994.

Querist : Anonymous

Querist : Anonymous (Querist)

02 January 2010 thank u sir
sir,we have paid ser tax on time. only return have not filed due to mistake of accountant.my question is whether we should pay penalty for both services separately i.e.Rs 2000.00 for each service or only Rs 2000.00 for both services.
ser tax officer says that u provide two services so penalty should be paid on both services separately.

Dayal

Dayal (Expert)

03 January 2010 Every category is liable for separate assessement in terms of penalty. Therefore the penalty is to be paid separately for RIM services as well.

Querist : Anonymous

Querist : Anonymous (Querist)

04 January 2010 thank u sir,
i have to prepare ST3 Return for the above catagory of services for the above period.
Sir,I want to know that i have to fill up two ST 3 forms for each services or one ST3 for both services.
from u b mittal
9324954555,mumbai

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

04 January 2010 One ST-3 is required in which particulars of each service has to be shown separately.

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