Service Tax query

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This is the problem ::-

"A Service Provider who has been registered for Service Tax ..... and had been complying with the various rules laid down by it for the previous years ...



1. For the past two years his total professional Income is below 9 Lakhs.

2. He stopped Collecting Service Tax from his clients and thereby didnt deposit any Service Tax.

3. He didnt surrender his registration.

4. He didnt even file Nil Return with the Department."



Now the Queries are as follows :-

a) Practically what are the penalties and prosecution that he has to face ??

b) Secondly can he surrender his Registration back dated (practically is it possible) ??

c) Is he liable to pay service tax on the amount of professional fees recd by him in the previous years even tough he hadnt collected the same from his client. (Which i think he is as per Sec68, but still need to confirm coz he now falls within the ambit of small scale service provider) ??



Replies (1)

a) Penalty for

               1)Late filing or non filing of Return

               2) Late or Non Payment of Tax

               3) In case of Intend to Evade Tax knowigly Penalty 100% to 300%

b) no, it can not be surrendered back dated legally.

c) Yes, by treating the amount collected as inclusive of ST.

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