Revised return after due date

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This query is : Resolved

Nilesh Suresh Chaudhari (Querist)

08 March 2015 WHAT IS PROCESSOR OF REVISED RETURN LATE FILLING AFTER DUE DATE OF 90 DAYS, AND WHAT IS THE PENALTY FOR THE LATE FILLING OF RETURN.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

08 March 2015 Service Tax return can be Revised only once within 90 days. No penalty on submission of revised return. Return can not be revised after 90 days are over.

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

08 March 2015 Penalty for Delay in filing Service Tax Return

# Delay of first 15 days then penalty will be Rs. 500
# Delay of 15 to 30 days then penalty will be Rs. 1000
# Delay is more than 30 days then penalty will be Rs 1000+100 Rs. per day beyond 30 days, Subject to maximum penalty can be Rs. 20000/-

Also note - 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.

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