Query on service tax

 

 

Dear Respected Members/Experts 

The assess has paid service tax more than exact payable, for 1st and 2nd Qtr, but the assessess has also made a mistake that he paid less interest than actual for 1st qtr, and not yet file the service tax return for 1st Qtr, 

 

I would be appreciate if you could brief the treatment of the excess amount paid and what would be the penalty amount for late filling for 1 beyond one month. 

 

For an example.

Assessess Type: Contractor (Labour and Material suppler)

 

1st qtr sales   

Gross Sale:     90 Lakhs

Service Tax Charged on 50 Lakh Sales bill, abatement taken with reveres mechanism 

 

Rest Rs.40 Lakhs sales bill no Service Tax Charge

 

Total Rs. 247200/2= 123600

Tax Charges Rs.123600/-

Interest Charged Rs. 7436/-

Total Tax Payable for 1st Qtr was. 131036/-

One challan paid for April-12 to Aug-12, 243000/-

Interest paid 2443/- instead of 7436/-

 

Now the 1st Qtr due date was 25th November-12, but assessess yet to file the return, what would be the penalty liabilities for the assesess 

 

and the most important thing is what amount the assess shall enter while filling-up the tax challan, the whole amount or only the exact for 1st Qtr, because one challan is used for 5 month tax.

 

Regards

Adv, H Rao

Replies (1)

1. The assessee can adjust excess amount paid against future tax liability.

2. Rule 6(4A) has been ameded to permit unlimited amount of adjusted. Maximum limit of Rs 2,00,000 has also been dispensed.

3. Pay differerntial interest payable.

4. Show actual amount of service tax paid in first return and in succeeding return show the amount adjusted in Rule 6(4a) column.

5. late fees for filing return

upto 15 days delay-------------Rs 500/-

upto 30 days delay-------------Rs 1000/-

thereafter Rs 100/- per day subject to maximum amount of Rs 20000/-

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