Penalty for Non -Payment of Service Tax
This query is : Resolved
Querist : Anonymous
Querist :
Anonymous
(Querist)
03 June 2010
What is the penalty for non -payment of service tax and non -filling of service tax return before the letter issued by the service tax departments , kindly also quote the rules and sections
03 June 2010
Pl see the reply of Mr. Ram Avtar Singh in https://www.caclubindia.com/experts/penalty-for-delay-in-filing-service-tax-return-for-nil-stl-395965.asp
Aditya Maheshwari
(Expert)
03 June 2010
Delay in Filing of Return After the Due Date Late Fees as per Rule 7C, Service Tax Rules, 1994
First 15 days Rs. 500/-
More than 15 days
but not more than
30 days Rs. 1000/-
More than 30 days Rs.1000 + 100 per day beyond 30 days
The Late Fee in any case Cannot Exceed Rs. 2,000/-
First 15 days Rs. 500/-
More than 15 days
but not more than
30 days Rs. 1000/-
More than 30 days Rs.1000 + 100 per day beyond 30 days
The Late Fee in any case Cannot Exceed Rs. 2,000/-
Shyam Lal Naik
(Expert)
03 June 2010
The relevant sections are 73, 76 and 78.
Penalty u/s 76 = 2% of the tax due from the date on which tax is payable till the date of actual payment. The penalty shall not exceed the amount of tax due.
Penalty u/s 78. The penalty is attracted where there is wilful contravention. Penalty = not less than 100% of the tax and not more than 200% of the tax.
Penalty u/s 76 and 78 are mutually exclusive.
The penalty for non filing of return can be upto Rs. 5000/- u/s 77.
U/s 80, no penalty shall be levied, if there is sufficient cause for the faliure.
Penalty u/s 76 = 2% of the tax due from the date on which tax is payable till the date of actual payment. The penalty shall not exceed the amount of tax due.
Penalty u/s 78. The penalty is attracted where there is wilful contravention. Penalty = not less than 100% of the tax and not more than 200% of the tax.
Penalty u/s 76 and 78 are mutually exclusive.
The penalty for non filing of return can be upto Rs. 5000/- u/s 77.
U/s 80, no penalty shall be levied, if there is sufficient cause for the faliure.
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