Any penalty for late filing on NIL return

Thanks to Mr Satish and Mr Ramesh for vivid analysis with exact information.

PLEASE FOLLOW THE BELOW MENTIONED RULE :   https://servicetax.gov.in/st-rules.htm

No penalty.

Only late fee, max - Rs. 2000/-

late filing fee of service tax

[(7C). Amount to be paid for delay in furnishing the prescribed return.-

Where the return prescribed under rule 7 is furnished after the date prescribed for submission of such return, the person liable to furnish the said return shall pay to the credit of the Central Government, for the period of delay of-  

(i) fifteen days from the date prescribed for submission of such return, an amount of five hundred rupees;

(ii) beyond fifteen days but not later than thirty days from the date prescribed for submission of such return, an amount of one thousand rupees; and

(iii) beyond thirty days from the date prescribed for submission of such return an amount of one thousand rupees plus one hundred rupees for every day from  the thirty first day till the date of furnishing the said return:

      Provided that the total amount payable in terms of this rule, for delayed submission of return, shall not exceed the amount specified in section 70 of the Act:

     Provided further that where the assessee has paid the amount as prescribed under this rule for delayed submission of return, the proceedings, if any, in respect of such delayed submission of return shall be deemed to be concluded.

     [ Provided also that where the gross amount of service tax payable is nil, the Central Excise officer may, on being satisfied that there is sufficient reason for not filing the return, reduce or waive the penalty.]²¹

Explanation.- It is hereby declared that any pending proceedings under section 77 for delayed submission or non-submission of return that has been initiated before the date on which the Finance Bill, 2007 receives the assent of the President, shall also be deemed to be concluded if the amount specified for delay in furnishing the return is paid by the assessee within sixty days from the date of assent to the said Finance Bill.]¹²

70. Furnishing of Returns. –

(1) Every person liable to pay the service tax shall himself

assess the tax due on the services provided by him and shall furnish to the Superintendent of Central Excise, a return in such form and in such manner and at such frequency [and with such late fee not exceeding two thousand rupees, for delayed furnishing of return, as may be prescribed”]^*

.

(2) The person or class of persons notified under sub-section (2) of section 69, shall furnish to the Superintendent of Central Excise, a return in such form and in such manner and at such frequency as may be prescribed.

I agreed with Mr. U R Sharma........

Mr. Eklabya,

you are not required to pay any penalty for NIL returns filed. you can refer to circular No.f.No.137/58/2007-CX.4 dated 29th march 2007 issued by the government of  India.

If it is 2000/-, then the penalty would exceed the tax amount(which is nil) which is not acceptable as per service tax rule rules which says at any time the penalty cannot exceed the taxable amount.....

please clarify ASAP!!!!

sir,
I have some query about service tax..

1) i have taken service tax registration on 24/7/2007, and in this year our gross taxable service value was Rs.7 Lac.. on that year i have not submit any Return because service limit was within the max exempt limit on that also the presiding the previous any year...

So my question is that Is it necessary to fill the service tax Return if the limit is not over .?

if yes then any penalty can be charged by the dept in future ?