04 December 2013
Service Tax return not filed from the date of registration i.e 2005. Whether Assessee can file all the returns as on today as there was no Service Tax liability in all years.
04 August 2024
Certainly, I can help clarify the situation regarding the filing of Service Tax returns.
**Nil Returns for Service Tax:**
1. **Filing Requirement:** Even if there was no Service Tax liability in a given period, you are still required to file Service Tax returns. The fact that you had no liability doesn't exempt you from the obligation to file returns.
2. **Filing All Pending Returns:** Generally, you can file all pending Service Tax returns for the periods in which no tax was due. This involves filing "nil" returns for those periods.
3. **Time Limits:** There is typically no specific time limit for filing nil returns if you are just catching up on missed returns. However, there might be consequences like late fees or penalties for non-filing.
4. **VCES (Voluntary Compliance Encouragement Scheme):** This scheme was available for those who had not paid their service tax dues and wanted to settle their pending dues. It was applicable for arrears up to a certain date. Since this scheme was available for past periods and is no longer in force, it wouldn't apply if you only had nil returns and no dues.
5. **Penalties and Late Fees:** While you can file nil returns to be compliant, it's essential to note that there could be penalties or late fees for the delay in filing. However, if no tax was due, the focus would primarily be on ensuring compliance rather than paying additional tax.
6. **How to File:** - Visit the official [CBEC-GST portal](https://cbec-gst.gov.in) or the specific portal where Service Tax returns are filed. - Log in with your credentials and navigate to the return filing section. - Select the relevant periods for which you want to file nil returns and proceed with the filing.
7. **Consult a Professional:** Given that the situation involves historical non-compliance, it might be beneficial to consult a tax professional or a Chartered Accountant who can provide guidance tailored to your specific situation and ensure that all returns are filed correctly and any potential issues are managed.
By ensuring that you file all pending nil returns, you can comply with regulatory requirements and avoid complications in the future.