Can a belated service tax return be revised?
This query is : Open
05 April 2013
Kindly remove my confusion as to whether a belated service tax return can be revised or not?? I have got following two different opinions-
I)A service tax return can be filed under Sec.70(1) of the Finance Act, 1994 (“Act”) Furnishing of returns. — [(1)] Every person liable to pay the service tax shall himself assess the tax due on the services provided by him and shall furnish to the Superintendent of Central Excise, a return in such form and in such manner and at such frequency [ “SECTION [70.and with such late fee not exceeding [twenty thousand rupees,] for delayed furnishing of return, as may be prescribed.]”
Its apparent from the above that the Sec.70(1) of the Act governs both the return filed within the due date and the belated one.
Therefore,a Service Tax return which is filed after the due date, as prescribed under Rule 7C of the Service Tax Rules, 1994 (“Rules”) is also a return filed under Rule 7 of the Rules read with Sec.70(1) of the Act. Hence, a belated Service Tax Return may be revised as per Rule 7B of the Service Tax Rules, 1994.
II)As per provision (Rule 7B) has been incorporated in the rules to provide provisions of filing a revised return. Accordingly, in case there is a mistake or omission in the original return, a revised return can be filed with in a period of 90 days from the date of filing of original return,
As per the provisions of rule 7B a return can be revised only if the original return has been filed under rule 7. Means thereby, a revised return can not be revised again. Similarly, a belated return can not be revised under rule 7B.
I)A service tax return can be filed under Sec.70(1) of the Finance Act, 1994 (“Act”) Furnishing of returns. — [(1)] Every person liable to pay the service tax shall himself assess the tax due on the services provided by him and shall furnish to the Superintendent of Central Excise, a return in such form and in such manner and at such frequency [ “SECTION [70.and with such late fee not exceeding [twenty thousand rupees,] for delayed furnishing of return, as may be prescribed.]”
Its apparent from the above that the Sec.70(1) of the Act governs both the return filed within the due date and the belated one.
Therefore,a Service Tax return which is filed after the due date, as prescribed under Rule 7C of the Service Tax Rules, 1994 (“Rules”) is also a return filed under Rule 7 of the Rules read with Sec.70(1) of the Act. Hence, a belated Service Tax Return may be revised as per Rule 7B of the Service Tax Rules, 1994.
II)As per provision (Rule 7B) has been incorporated in the rules to provide provisions of filing a revised return. Accordingly, in case there is a mistake or omission in the original return, a revised return can be filed with in a period of 90 days from the date of filing of original return,
As per the provisions of rule 7B a return can be revised only if the original return has been filed under rule 7. Means thereby, a revised return can not be revised again. Similarly, a belated return can not be revised under rule 7B.
12 May 2014
Return filed belatedly is still a return filed under Rule 7.
As per Rule 7B of the ST Rules, an assessee may submit a revised return to correct a mistake or omission, within a period of ninety days from the date of submission of the return under Rule 7.
Hence in my opinion a belated return can be revised.
As per Rule 7B of the ST Rules, an assessee may submit a revised return to correct a mistake or omission, within a period of ninety days from the date of submission of the return under Rule 7.
Hence in my opinion a belated return can be revised.
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