Time barred demand

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

21 August 2012 my client is already registered with service tax since 1/4/2004. paid regularly upto 31/3/2006. since 1/4/2006 to 31/3/2012 in the impression that our turnover is below service tax limit didn't paid the tax and filed the ST Returns. now in july 2012 we received notice from the department for filing ST Returns. we submitted the copies of IT Returns upto the acctt. year ending as on 31/3/2012. from these returns department found the for the acctt. yaer ending as on 31/3/2008 the turnover was Rs. 8,50,000 therfore they issued notice for service tax and also for the next year 31/3/2009 on turnover Rs. 9,00,000. in my opinion as we are already registered with the department. hence larger period can not be invoked. further there is no suppression of facts as all these things are entered in the books of acctts. and filed in I T Returns. thanks in advance. my mobile no. 9228111118
rkjindalin@yahoo.co.in
pl. advice and oblige

U S Sharma

U S Sharma (Expert)

22 August 2012 filing of return can not be ignored by a registered assessee despite there is no tax payable, non filing of return leads to evasion prone doubts.

again when 8.5L and 9.0 L is the amount, you had to pay tax on 8.5-8=50000 and full on 9 L again in 2009-10 you had to pay from zero.

calculate the same pay with interest and close the chapter.

department has power to go upto 5 yrs back.

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