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 ...
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
(Expert)
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...
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.
25 February 2015
https://www.charteredclub.com/service-tax-revised-return/
this link shall clarify the same.
this link shall clarify the same.
Rupesh Jain
(Expert)
25 February 2015
you can make revision from 90 days form date of filing .
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.
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.
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
(Expert)
26 February 2015
if we fail to filed revised return before 90 day ... what will be the solution for it ...
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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