Manager (Indirect Taxes)
821 Points
Posted on 06 January 2012
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.