Penalty on non filing of return

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

20 April 2013 If an assessee in wrong advice had taken service tax no. in 2007 but failed to file the return for the next periods till date, now he has received notice under section 70 and 77 of the Finance Act,1994. He works under contract for transport of goods by road with Ambuja Cement and the company under Rulde 2(1)(d) used to pay the same. The assessee had applied for surrender in jan 2012 but failed to complete the documents for the same.

Now my query is:

1) What would be the penalty if notice is received from F.Y. 2009-10 to 2011-12?

2) can penalty be waived off and if yes, how?

3) Till what period we have to file the reurns, till september 2011 or march 2012 or even for FY. 2012-13?

4)In the return filed, do we have to show the services billed as NIL or we have to put the amount in exempted services column.

Please help me.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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20 April 2013 1. Penalty (late filing fee) will be levied under rule 7C of the Servicr tax Rules,1994.

2. If no tax liability, penalty can be waived as per proviso to the above rule.

3. Since surrendering was incomplete, ST-3 has to be filed upto September,2012.

4. Figures of services should be disclosed in receipt and exemption columns respectively.

Message likes : 1 times

Querist : Anonymous

Querist : Anonymous (Querist)

22 April 2013 Thank You much sir.

Sir, can you suggest something or some case law that can be referred to in this matter, for reply to be given to the superintendent?

It would be a great help.

Querist : Anonymous

Querist : Anonymous (Querist)

29 April 2013 Sir under which notification will it be exempt, both prior 01.07.2012 after that?

Please, it is very urgent

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