Kamlesh Pandya (Chartered Accountant) (51 Points)
28 April 2008Pl provide me case laws for penalty u/s 77 of Service Tax Act for filling late return. Which was done due to late payment of service tax which was paid after six month the date of filling return with interest. Due date of filling return was 25th Octomber 2006 and date of filling return was 25th March 2007 return was late for 6 months.
And also provide related guidance on penalty u/s 77 for late return filling.
S. Banerjee
(Practising Cost Accountant. Core area- Central Excise. Service Tax Costing system installation including maintenance of Cost Records and Cost Audit and Management Audit mainly Revenue leakages Audit)
(622 Points)
Replied 30 April 2008
OFFICESELVA
(Service)
(515 Points)
Replied 01 May 2008
Late payment of service tax cannot be a procedural lapse.
If you are talking about late fee of Rs.2000/- it is mandatory for late filing of ST3 return.
On the other hand, if a show cause notice has been received seeking to impose pernalty under Section 77, state the reasons for late filing of ST3 return in the reply and hope for the best.
RAJESH
(TAX CONSULTANT)
(20 Points)
Replied 05 May 2008
discharge their service tax liability timely within time limit prescribd under the relu 6 of Service Tax rules 2004 read with section 68 of the finance act ,1994 and thereby rendered themselves liable for penalty under section.76 of finance act,1994.as per the provision to section 76 the finance act.2004,assessee who fails to pays service tax in time in such case in addition to such tax and interest amount a penalty which shall not be less than one hundered rupess for every day during which such continue ,but which may extend to rs.200 for every day during which such failure continue.
CAclubindia
