What is the time limit for initiation of penalty u/s 76 (failure to pay service tax)
facts of case:
1. whole service tax paid along with intt. before filing of service tax return for April -Sep.2006 on 23-11-2006
2. Sr Tax Paid- April-June 2006 Qtr on 16/8/2006 and July-Sep. Qtr- 18/11/2006
3. SCN issued on 5/9/2007 for leving penalty u/s 76 for late deposit of service tax .
4. No other demand raised.
? was SCN valid at the time of issue
sanjeev
Dear Sanjeev,
SCN can be issued upto minimum of 1 year from the date of filing of return..
Further,, As per Sec 73(3), if assessee has deposited the amount voluntarily then Officer shall not issue SCN...
This is just a SCN & not a penalty order hence u can explain grounds on which payments was delayed and if officer finds that as reasonable then he will not impose penalty..
Dear Amir
pls reply since i have posted another thread mentioning full facts
sanjeev
Hi.. Here I am providing some information about service taxes which comes under direct Taxes.
Exemption limit in personal income tax raised by Rs.15,000 from
Rs.2.25 lakh to Rs.2.40 lakh for senior citizens; by Rs.10,000 from Rs.1.80
lakh to Rs.1.90 lakh for women tax payers; and by Rs.10,000 from Rs.1.50
lakh to Rs.1.60 lakh for all other categories of individual taxpayers.
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