Penalty for Non filing NIL returns

This query is : Resolved 

06 December 2008 how to waive penalty under the act for non filing NIL returns under Service Tax
suggest some relevant legal provision in this respect

07 December 2008 Nilesh Shah Writes:
E mail: nilesh63@vsnl.com

An individual is required to file a return of income only if his income exceeds the basic exemption limit. This is the provision in section 139(1)(b) itself.

Sincerely,

Nilesh Shah

07 December 2008 Nilesh Shah Writes:
E mail: nilesh63@vsnl.com

An individual is required to file a return of income only if his income exceeds the basic exemption limit. This is the provision in section 139(1)(b) itself.

Sincerely,

Nilesh Shah


07 December 2008 If someone is not liable for filing return , penalty for not filing can not be imposed on him

07 December 2008 Sorry sir i am not satisfied with this answere

07 December 2008 i want the legal provision for waiving penalty.
there is penal provision under service tax for non filing nil returns
i want that is there any legal provision is there for waiving of penalty

08 December 2008 A default is default whether grave or not. As a registered person you have undertaken to report the activities required under a statute, if you are not reporting for bona fide reason, inform that to the Authorities, they will consider it. If you are your self deciding that you need not ifle a return because of nil activity, then you are committing a default. But can refer to Hindustan Steel case which is decision given by constitutional bench.

08 December 2008 For waiver of penalty for non filing of service tax nil return 3rd proviso to rule 7C of the service tax rules, 1994 will give you the answer.




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