Tekwani Vishal Jagdishkumar (Student CA Final ) (24 Points)
24 November 2013
Naresh Batra
(Director)
(23 Points)
Replied 24 November 2013
Dear
One of my client has taken Service Tax no in 2005-06 as proprietor of Comapny, and he stopped operating under propertiership comapny ,,as the company was taken over as ptv limited , But he has not surrdendered Service Tax No , What is the procedure to file the Returns and surrender the Service Tax No.
Please answer the query can he opt for VCES and Surrender the number.
Naresh
9999790792
Harendra Kumar
(Tax Advisor )
(1326 Points)
Replied 25 November 2013
Sir,
Both are the case diffrent, first we areclearify that, if you registered in Central Excise & Service Tax Department then your Return liabilities raised for submission said return, which is term and condetion is applicable.
In my view of VCES
01. Any person whose want to clearify his taxable service and paid those liabilities which is raised by render service.
02. He goes to first taken Service Tax Registration.
03. Clearify their service and Taxes.
04. No coresspondance/objection raised by DEpartment.
05. Then you filed the VCES.
CA Sachin D Jain
(FCA, CS, DISA (ICAI))
(1474 Points)
Replied 23 December 2013
Dear Mr. Tekwani Vishal Jagdishkumar,
In your case, the application can be filed under VCES.
CA Sachin D Jain
(FCA, CS, DISA (ICAI))
(1474 Points)
Replied 23 December 2013
Dear Naresh,
In your case, as the gross service tax liability payable is NIL, there is no late filing fees applicable. Hence, you can file pending service tax returns without paying any late filing fees, and then surrender the service tax registration.
CA Sachin D Jain
(FCA, CS, DISA (ICAI))
(1474 Points)
Replied 23 December 2013
Dear Naresh,
In your case, as the gross service tax liability payable is NIL, there is no late filing fees applicable. Hence, you can file pending service tax returns without paying any late filing fees, and then surrender the service tax registration.
As the service tax liability outstanding to be paid is NIL, you can not file application under VCES, and as explained above, there is no need to take the benefit under VCES, as under normal process also, there is no service tax liability to be paid.
CAclubindia
