Non filling of st-3 returns

 

DEAR ALL

 

ONE OF MY ASSESSEE IS ENGAGED IN HEALTH CARE & FITNESS TRAINING BUSINESS. THE CLIENT HOLDS SERVICE TAX REGISTRATION SINCE 2002 BUT DID NOT FILE ST-3 RETURNS AFTER 2005.

 

HOWEVER, SERVICE TAX LIABILITY AFTER 2005 WAS NIL. NO TAX WAS PAYABLE BY THE ASSESSEE.

 

NOW, THE ASSESSEE WISHES TO FILE RETURNS AS HE'S CROSSING THE SSI EXEMPTION LIMIT OF RS.10 LACS.

 

THE CBEC AUTHORITIES ARE ASKING TO LEVY PENALTY FOR NON-FILLING OF ST-3 RETURNS?

 

WHAT TO DO? CAN WE AVOID PENALTY FOR NON-FILLING AS THERE WAS NO TAX DEFAULT? WE CAN PROVE THAT THERE EXISTED NO SERVICE TAX LIABILITY.

 

PLZ ADVISE AT YOUR EARLIEST.

Replies (5)

1st of all file all nil returns of previous periods. "online", as where revenue is NIL, the penalty may be condoned by AC, but to prove the NIL turnover the returns filed is mandatory.

@ Sharma ji- Can i file manual returns wid local service tax division or its advisable to go for "online" as things will be transparent? and can u plz tell me the process of going into appeals?

manual returns are dispensed with e filing since 2007 oct

if you file manual then even you have to efile the same.

non submission of returns makes the assesee doubtful in eyes of department for evasion and concealment of data.

appeal can be done after finalisation of any demand or case against you, and the authroty differ on demand amounts.

it is compulsory to file nil returns ? and  im getting problem in filing return of transport by good in selection of notification and sr no for online filing . Please help me on this 

 

Dear Sagar,

Notification for Transport of Goods By Road is now 13/2008 not 1/2006, if u selected 13/2008 no need of Sl.No for it.

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