Time Limit for initiation of Penalty Proceedings

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SANJEEV KUMAR

PROPRIETOR

52 Points Posted on 07 January 2010

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

Replies (3)

Amir

Learner

4016 Points Posted on 07 January 2010

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..

SANJEEV KUMAR

PROPRIETOR

52 Points Posted on 07 January 2010

Dear Amir

pls reply since i have posted another thread mentioning full facts

sanjeev

rooproyee

student

21 Points Posted on 18 January 2012

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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