26 December 2013
A person had sufficient cenvat credit for the period 1 Oct 2007 to 31 Dec 2012 against his service tax liability but he has not filed his service tax return for that period. Now i want to know that whether he can take benefit under VCES and avoid non-filing penalty but it is specified that no cenvat credit is to be utilized on TAX DUE in declaration. so whether he has no dues there in VCES. What is the remedy besides Rule 7C.
26 December 2013
For claiming of credit you have to file return. If you apply for VCES then you cannot use CENVAT credit for payment of tax under VCES. You can always contest before the officer that there was a reasonable cause for not filing return and apply for waiver of penalty for late filing.
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