06 July 2024
Certainly! Here’s a draft reply for a notice under Section 73(1) of the Finance Act, 1994, regarding short-paid service tax liability:
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[Your Name] [Your Address] [City, State, Zip Code] [Date]
To, The Superintendent/Assistant Commissioner/Deputy Commissioner, [Name of the Tax Department], [Address of the Tax Department], [City, State, Zip Code].
Sub: Reply to Notice under Section 73(1) of the Finance Act, 1994
Ref: Notice No. [Insert Notice Number] dated [Insert Date of Notice]
Dear Sir/Madam,
I am in receipt of the notice dated [Insert Date] issued under Section 73(1) of the Finance Act, 1994, regarding the alleged short-paid service tax liability. I hereby submit my response and clarification as follows:
1. **Background and Facts:** - Provide a brief summary of the background leading to the notice. - Mention any relevant details regarding the service provided, invoicing, payment, and the alleged shortfall in service tax payment.
2. **Review of Allegations:** - State that you have carefully reviewed the allegations mentioned in the notice. - Specify any discrepancies or misunderstandings that may have led to the alleged shortfall in service tax payment.
3. **Legal Position and Compliance:** - Affirm your commitment to compliance with all applicable tax laws and regulations. - Highlight any specific provisions or clarifications under the Finance Act, 1994, relevant to the services in question.
4. **Additional Information:** - Provide any additional documents or information that support your case, such as invoices, payment receipts, agreements, or correspondence with the tax department.
**Request for Consideration:** - Request the tax department to consider the information provided and to review the matter in detail. - Express willingness to cooperate fully with any further inquiries or requests for information.
**Conclusion:** - Express confidence that the matter can be resolved amicably and in compliance with all legal requirements. - Request for an opportunity to discuss the matter in person or via teleconference if deemed necessary by the tax department.
**Contact Information:** - Provide your contact details for further communication or clarification.
Please acknowledge receipt of this response at your earliest convenience. I am available for any further discussions or meetings to resolve this matter promptly.
Ensure to customize this draft based on the specific details of your situation and the notice received. It's also recommended to seek guidance from a tax advisor or legal professional for precise advice tailored to your circumstances.
CAclubindia
