Registration done erroneously
This query is : Resolved
arpit goel
(Querist)
14 December 2013
Dear sirs,
My client is properitor and has erroneously got himself registered for service tax for gta service as service reciever not knowing notification no 30/2012. He has paid service tax for one quarter also but afterwards not filed return for two half year on recommendation of ca that as he is not liable to pay service tax because of notification no 30/2012 he is not required to file returns because of circular no Circular no 97/8/07 dt August 23 2007 . Now he wants to surrender his service tax no . Will he be imposed with penalty of non filing of return ?
My client is properitor and has erroneously got himself registered for service tax for gta service as service reciever not knowing notification no 30/2012. He has paid service tax for one quarter also but afterwards not filed return for two half year on recommendation of ca that as he is not liable to pay service tax because of notification no 30/2012 he is not required to file returns because of circular no Circular no 97/8/07 dt August 23 2007 . Now he wants to surrender his service tax no . Will he be imposed with penalty of non filing of return ?
Nikhil Kaushik
(Expert)
15 December 2013
if service tax was not payable, then penalty cannot be levied for not filing the return. (refer suchak marketing case)
apply for surrender of the registration.
apply for surrender of the registration.
16 December 2013
No penalty will be imposed but u need to apply for surrendering of registration.
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