Service tax penalty exceeds service tax paid

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

23 July 2015 One of the company of whose service tax return is to be filed for Oct to March 15, the total service tax paid during Oct to March 15 is 4000 but when i calculate the penalty for late filing of return as on today, it comes to Rs. 6900, so shall i pay Rs.6900 as penalty or restrict it to Rs. 4000(to the extent of service tax paid). Due to specific mention in service tax that penalty cannot exceed the service tax paid.

Is it still applicable? Kindly update.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 July 2015 Restrict it to Rs 4000 as penalty can't exceed service tax paid.

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Querist : Anonymous

Querist : Anonymous (Querist)

23 July 2015 This penalty restriction would apply even though Rs. 16000 appx service tax has been paid during April to Sep 14 return. Kindly reply.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 July 2015 yes it will apply......

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