Unable to file service tax (half yrly) on 26 dec,11
This query is : Resolved
27 December 2011
Dear Sir,
Due to some financial reasons we are unable to deposit our Service Tax and due to this we haven't filed Half Yearly Service Tax return (F.Y.2010-11) on 26th Dec, 2011.
Please tell us do we have to pay any penalty and till what date we are able to file our Half Yearly Service Tax return.
Waiting for your reply.
Due to some financial reasons we are unable to deposit our Service Tax and due to this we haven't filed Half Yearly Service Tax return (F.Y.2010-11) on 26th Dec, 2011.
Please tell us do we have to pay any penalty and till what date we are able to file our Half Yearly Service Tax return.
Waiting for your reply.
27 December 2011
1) Penalty of Rs. 10,000/- can be imposed vide section 77(2) of the Finance Act,1994.
2) Late filing fee from Rs. 500/- to Rs.20,000/- has to be paid vide rule 7C of the Service tax Rules,1994 depending on the number of days delay in filing ST-3.
2) Late filing fee from Rs. 500/- to Rs.20,000/- has to be paid vide rule 7C of the Service tax Rules,1994 depending on the number of days delay in filing ST-3.
27 December 2011
Thanks for your reply,
What is the last date of filing Service Tax Half Yearly Return after crossing last date (26th Dec, 2011) & how do we calculate Penalty.
What is the last date of filing Service Tax Half Yearly Return after crossing last date (26th Dec, 2011) & how do we calculate Penalty.
02 August 2025
Here’s a clear explanation regarding your delay in filing the **Service Tax Half-Yearly Return (ST-3) for FY 2010-11** after the due date of 26th December 2011:
---
### 1. **Penalty & Late Fees for Delayed Filing**
* **Penalty under Section 77(2) of Finance Act, 1994**:
The department **can impose a penalty up to Rs. 10,000** for late filing or non-filing of the return.
* **Late Filing Fee under Rule 7C of Service Tax Rules, 1994**:
You must pay a **late fee ranging from Rs. 500 to Rs. 20,000**, depending on the delay in number of days. The exact amount is:
* Rs. 500 per day of delay, subject to a maximum of Rs. 20,000.
---
### 2. **Last Date for Filing After Due Date**
* There is **no fixed last date prescribed** by law for filing a delayed return.
* However, **the longer you delay, the higher the late fees will be (max Rs. 20,000)**.
* You should file the return **as soon as possible** to minimize penalty and late fee exposure.
* Filing after a long delay might invite more scrutiny or penalty.
---
### 3. **How to Calculate Late Filing Fee**
* Calculate the **number of days from 27th December 2011 (day after due date) till the actual filing date**.
* Multiply number of days delayed by Rs. 500.
* If the total exceeds Rs. 20,000, you pay Rs. 20,000 max as late fee.
---
### 4. **Additional Points**
* Interest on delayed payment of service tax (if any tax is unpaid) will also be charged under **Section 75**.
* Penalty is **discretionary**, but late fee is mandatory.
* Even if you cannot pay the tax now, file the return immediately and declare the tax liability. You may negotiate payment terms with the department.
---
### **Summary**
| Issue | Detail |
| ---------------------- | -------------------------------------------- |
| Due date | 26 Dec 2011 |
| Penalty | Up to Rs. 10,000 under Section 77(2) |
| Late filing fee | Rs. 500/day delay max Rs. 20,000 |
| Last date for filing | No fixed date, file ASAP to minimize penalty |
| Interest on unpaid tax | Applicable under Section 75 |
---
If you want, I can help you draft the late filing return and estimate exact penalty and late fee based on your filing date. Would you like that?
---
### 1. **Penalty & Late Fees for Delayed Filing**
* **Penalty under Section 77(2) of Finance Act, 1994**:
The department **can impose a penalty up to Rs. 10,000** for late filing or non-filing of the return.
* **Late Filing Fee under Rule 7C of Service Tax Rules, 1994**:
You must pay a **late fee ranging from Rs. 500 to Rs. 20,000**, depending on the delay in number of days. The exact amount is:
* Rs. 500 per day of delay, subject to a maximum of Rs. 20,000.
---
### 2. **Last Date for Filing After Due Date**
* There is **no fixed last date prescribed** by law for filing a delayed return.
* However, **the longer you delay, the higher the late fees will be (max Rs. 20,000)**.
* You should file the return **as soon as possible** to minimize penalty and late fee exposure.
* Filing after a long delay might invite more scrutiny or penalty.
---
### 3. **How to Calculate Late Filing Fee**
* Calculate the **number of days from 27th December 2011 (day after due date) till the actual filing date**.
* Multiply number of days delayed by Rs. 500.
* If the total exceeds Rs. 20,000, you pay Rs. 20,000 max as late fee.
---
### 4. **Additional Points**
* Interest on delayed payment of service tax (if any tax is unpaid) will also be charged under **Section 75**.
* Penalty is **discretionary**, but late fee is mandatory.
* Even if you cannot pay the tax now, file the return immediately and declare the tax liability. You may negotiate payment terms with the department.
---
### **Summary**
| Issue | Detail |
| ---------------------- | -------------------------------------------- |
| Due date | 26 Dec 2011 |
| Penalty | Up to Rs. 10,000 under Section 77(2) |
| Late filing fee | Rs. 500/day delay max Rs. 20,000 |
| Last date for filing | No fixed date, file ASAP to minimize penalty |
| Interest on unpaid tax | Applicable under Section 75 |
---
If you want, I can help you draft the late filing return and estimate exact penalty and late fee based on your filing date. Would you like that?
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