Service tax investigation
This query is : Open
Querist : Anonymous
Querist :
Anonymous
(Querist)
14 June 2012
One of our client receives notice for investigation from service tax department and they called fr st certificate returns bs,all the things for four years assesee is not registered in ST and its turnover excees from 10 lakh how can we reply this case need prompt addvice..
14 June 2012
First check whether in all the four years whether the turnover has exceeded 10 Lakhs.
If yes then it calls for registration and recover of service tax.
Till the time you are able to recover the Service tax from your cllients [chances seems bleak] you can opt for paying the service tax by considering the service income as inclusive of service tax by backward calculation.
If your clients agree to pay, then you pay the differential tax by forward calculation.
There is no excuse which will support or provide you an exemption in the said case.
You may plead for waiver of penalty. Interest would preferably not waived.
If yes then it calls for registration and recover of service tax.
Till the time you are able to recover the Service tax from your cllients [chances seems bleak] you can opt for paying the service tax by considering the service income as inclusive of service tax by backward calculation.
If your clients agree to pay, then you pay the differential tax by forward calculation.
There is no excuse which will support or provide you an exemption in the said case.
You may plead for waiver of penalty. Interest would preferably not waived.
18 June 2012
first check whether your activities falls under service tax or you may be falling under dispute issues pending before any court..
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