25 October 2013
Dear Experts, Pl. let me know the procedure of late filing of Service Tax Return for NIL for Oct - March, 2013. 1. Can we file the Return without depositing the Pendalty? 2. What is the amount of Penalty (Calculation, if any)? Thanks in Advance
25 October 2013
You can file the belated return without paying the payment of late fees. Under Rule 7C of Service Tax Rules 1994 the Central Excise Officer may if he is satisfied that there was sufficient reason waive the penalty for late filing when there is no liability for ST. Further there is a Departmental Instruction to field formations not to insist on filing of NIL / below taxable SSP ST-3 returns. this Circular was issued some time in 2009.
Therefore you can file the belated NIL ST-3 and also move the Department for waiver of Late Filing Penalty.
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