service tax retruns

This query is : Open

Querist : Anonymous

Querist : Anonymous (Querist)

15 January 2010 filing of ST-3 is mandatory? when taxable service is below the limit.and is there any way avoid penalty.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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15 January 2010 yes it is mandatory to file ST - 3 even NIL.

If return late filed then penalty applicable as per circular no. 97/3/2/2007

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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15 January 2010 See also proviso to rule 7C of the Service tax Rules,1994 reproduced below:-
Provided also that where the gross amount of service tax payable is nil, the Central Excise officer may, on being satisfied that there is sufficient reason for not filing the return, reduce or waive the penalty.

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Querist : Anonymous

Querist : Anonymous (Querist)

15 January 2010 In which section it says returns is mandatory when taxable services is below the limit

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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15 January 2010 In my view as per sec.70 of the act and rule 7 if the service provider claiming exemption including turnover based exemption are not required to file ST-3 Return