17 February 2009
If an assessee has filed the half yearly return of 2007-08 but now he wants to revise because of some mistake in the original return.
But as per Rule 7B the return can not be revised because the 90 days limit has already been lapsed.
In the above scenario what option the assessee has. Can he recalculate the service tax payable and pays the service tax without making changes in the return.
Please tell me can he do so, if no then what are the other ways to solve this problem because the assessee does not want to evade any tax.
20 February 2009
Ans. I believe the best option would be to pay the service tax with interest and intimate the department that the returns stand modified to the extent of service tax paid post filing of returns.
The department will obviously revert back for filing of revised returns
Do mention in your reply, whether revised returns are required to be filed. Put the ball in their court.
The only option available to the department is to impose penalty which in any case will not exceed Rs. 5000/- being general penalty
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