Penalty for filling nil return

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 February 2015 IS THERE ANY SECTION WHICH IS DEALS WITH THE PENALTY FOR FILLING OF NIL RETURN ??????? ONE OF MY CLIENT HAVE FILED NIL RETURN BUT HE DID NOT MAKE REVISE IN 60 DAY .WHAT WILL BE THE SOLUTION FOR THIS ........ REQUEST YOU ALL TO PLEASE REPLAY AS EARLY THERE IS LOTS OF CONFUSION IN MIND ...

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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25 February 2015 no penalty to file nil return and the time limit to revise the itr is 1 year from the end of relevant ay.

Adv. Kiran Marathe

Adv. Kiran Marathe (Expert)
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25 February 2015 we meet the concern officer the limit for filed revise return is 60 days from the date of nil return actualy filed...

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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25 February 2015 sorry the ans was given after thinking it as income tax querry but under servcie tax laws the time limit is 90 days from filling the original return.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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25 February 2015 https://www.charteredclub.com/service-tax-revised-return/

this link shall clarify the same.

Rupesh Jain

Rupesh Jain (Expert)
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25 February 2015 you can make revision from 90 days form date of filing .

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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25 February 2015 No penalty for late filing of Nil return.

Citation: M/s SUCHAK MARKETING PVT LTD VERSUS COMMISSIONER OF SERVICE TAX, KOLKATA (2013 (6) TMI 641 - CESTAT KOLKATA)

Penalty for late filing of Nil return - Held that:- in view of the Boards Circular No.97/8/07-ST dated 23.08.2007, in the event, no service is rendered by the service provider, there is no requirement to file ST-3 Returns. - there is nothing contrary to that circular - as per Rule 7C of the Service Tax Rules, in the event, nil returns are filed, the assessing officer had the discretion to waive the late fees for filing the ST-3 Returns. In my view, it is a fit case to invoke the proviso to Rule 7C and waive the late fees relating to the nil returns filed by the appellant during the period April, 2005 to March, 2008. - Penalty dropped.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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26 February 2015 As per Rule 7B of the Service Tax Rules 1994, an assessee may file a service tax revised return only once within a period of 90 days from the date of submission of Return under Rule 7.

Adv. Kiran Marathe

Adv. Kiran Marathe (Expert)
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26 February 2015 if we fail to filed revised return before 90 day ... what will be the solution for it ...

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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26 February 2015 then not much u can do and u can only intimate the service tax department regarding the same and retain a copy of letter with u.

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