Urgent

 

what is the time limit for filing of service tax return for A.Y.2008-09 
 
what will be the liability if service tax received amount in A.Y. 2008-09  not deposited to govt. till now .
 
can CBEC may demand service tax amount from assessee after two years.
 
By vishal Agarwal (9289219136)
kindly mail me on vishalagarwal1991 @ gmail.com
Replies (3)

service tax deposite date is 5th of next month, and after that a interest at the pescribed rate is charged.

https://www.servicetax.gov.in/circular/st-circular07/st_circ_97-2k7.htm

non filing of return leads to heavy panilty. 

Delay in filing of return: The return is required to be filed by the stipulated date as mentioned at para 6.1 above. Delay in filing of return attracts late fee.  The late fee presently prescribed vide rule 7C of the Rules, is  (a) Rs 500 for delay upto 15 days; (b) Rs 1000 for delay between 15 days and 30 days; and (c) Rs 1000 plus Rs 100 per day beyond 30 days, till the filing of return, not exceeding Rs 2000/-.  To avoid late fee, the taxpayer must ensure timely filing of return. In case of returns filed late, the appropriate late fees should be paid at the time of filing the return, without waiting for any communication or notice from the department. Mere non-submission of evidence of payment of late fee along with the return is, however, not a ground for refusal to allow filing of the return.

 

now to the case of demand of service tax amount ... if the party from  whom you have collected service tax is not calming any credit for the same than you can do without filling or depositing the tax amount. but if thats not the case do file it and pay the fine to avoid and unnessary actions by the dept. 

If by chance your unit is taken up for Assessment, they come back asking details for 5 years also. it is better to avoid unneccesary issues with Dept. agree with Samarjit with rest of the details

Mr. Vishal,

Please take note of the following:

1. Service Tax Returns have to be filed on half yearly basis. First half being April to September and second half being October to March.

2. Due date of filing is 25th of the month next to the end of the half year, i.e., for April to September it is 25th of October and for October to March it is 25th of April.

3. Where returns are not filed in time, late fee is applicable as posted by Samarjit, but Maximum late fee has been increased to Rs. 20000/- instead of Rs. 2000/- w.e.f. 01.04.2011.

4. General Penalty of Rs. 10000/- may also be imposed for contravention of provisions of Service Tax.

5. Where service tax is not deposited in time, interest is to be paid @ 13% p.a. till 31.03.2011. Thereafter interest @ 18%p.a. is required to be paid, i.e., from 01.04.2011.

6. Along with interest, penalty @ Rs. 200 per day or 2% of Service Tax per month, whichever is higher is also payable. But the penalty shall not exceed the service tax to be paid. That is, maximum penalty is 100% of service tax to be paid (Section 76 of Finance Act, 1994). But where Section 78 of the Finance Act is invoked, penalty may extend to 200% of Service Tax payable. Though both penalties could not be levied at the same time.

7. Show cause Notice may be served upon a service provider within one year. But in case tax is not paid because of reasons such as fraud, collusion, wilful mis-statement, suppression of facts or contravention of any of the provisions, period for serving notice extends to Five years.

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