Service tax de-registration

Hi Friends,

 

Consider the following case.

 

Lets say, Service Tax Registration was obtained by a Proprietor during 2008. But he did not render any service and he shut his business in few months.

 

He failed to intimate the autority regarding cessation of business and he even refrained from filing NIL returns and also did not apply for de-registration of Service Tax.

 

1) Can NIL returns be filed for the period since 2008 wihtout any penalty?

 

2) Without NIL returns, Can one apply for Service Tax De-registration?

 

3) Is there Limitation period for service tax demand claim?

 

Regards

 

Vivek

Replies (2)

You will have to mandatorily file your returns in order to cancel the registration. However, there are certain recent pronouncements from the departments which state that in case NIL returns are being filed after delay, the commissioner shall have the power to waive the penalty if he feels that no loss has been caused to the revenue. 

Service tax return is to be filed by the person liable to pay. Kindly leave your email Id at rks9814214503 @ gmail.com I will forward my detailed Article on this subject to you. Regards, CA. Rajeev K. Sharma

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