20 September 2013
Respected Sir, This query relates to non/late filing of service tax returns for the Half year from October-March 2013. If an unregistered dealer has registered on 1-02-2013 for Service Tax for the providing Business Auxiliary Services and the Service Tax Liability for the period from 01.02.2013 till 31.03.2013 falls to Rs. 4297 from the date of Service Tax registration then can he claim the threshold exemption of 10 lacs and file a nil return by paying the penalty of Rs 500 for delay upto 15 days. Also what will be further course of action for such a scenario.
Secondly if there is a service tax liability of Rs 4297 then what will be the penalty for non filing of returns .Since the date of filing Service Tax returns for transactions from October 2012 to March 2013 has been extended form 25th April 2013 till 10th September 2013. Can he file the return now and pay the late filing penalty of Rs 500 for delay upto 15 days since it is not 15 days yet.
Another question was about Non Payment of Service tax due. Can he pay the Service Tax due of Rs 4297 now along with 18% interest on per annum basis. What is the due date of payment of Service tax and how frequently it becomes due for Individual proprietors?
23 September 2013
1. He can claim threshold exemption limit only if he has not charged ST and collected the same in his invoices issued. Once ST is charged through the bills, he has to pay the same to Govt.
Penalty for late filing of return 1 to 15 day =500 16 to 30 =1000 31 day onwards 100 per day Max Rs20000
As per above table see in which place you fall and pay penalty while filing return.
If ST was not paid on 31st march(due date) then, you need to pay interest @15% p.a. (@18% if T/O is more than Rs60 lac in a year)
so, in short if ST is collected then you need to pay with interest and also file ST return with late payment penalty.
For individual, ST payment is to be made on the 5the day following the end of quarterly except March quarter. i.e. Apr-Jun =5th July July-Sep = 5th Oct Oct-Dec = 5th Jan Jan-Mar = ***31st March***
CAclubindia
