Penalty for Non -Payment of Service Tax

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

03 June 2010 What is the penalty for non -payment of service tax and non -filling of service tax return before the letter issued by the service tax departments , kindly also quote the rules and sections

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
Follow

03 June 2010 Pl see the reply of Mr. Ram Avtar Singh in https://www.caclubindia.com/experts/penalty-for-delay-in-filing-service-tax-return-for-nil-stl-395965.asp

Aditya Maheshwari

Aditya Maheshwari (Expert)
Follow

03 June 2010 Delay in Filing of Return After the Due Date Late Fees as per Rule 7C, Service Tax Rules, 1994

First 15 days Rs. 500/-

More than 15 days
but not more than
30 days Rs. 1000/-

More than 30 days Rs.1000 + 100 per day beyond 30 days

The Late Fee in any case Cannot Exceed Rs. 2,000/-

Upgrade to CAclubindia Pro. Subscribe Now!

Shyam Lal Naik

Shyam Lal Naik (Expert)
Follow

03 June 2010 The relevant sections are 73, 76 and 78.

Penalty u/s 76 = 2% of the tax due from the date on which tax is payable till the date of actual payment. The penalty shall not exceed the amount of tax due.

Penalty u/s 78. The penalty is attracted where there is wilful contravention. Penalty = not less than 100% of the tax and not more than 200% of the tax.

Penalty u/s 76 and 78 are mutually exclusive.

The penalty for non filing of return can be upto Rs. 5000/- u/s 77.

U/s 80, no penalty shall be levied, if there is sufficient cause for the faliure.