Non filling of st-3 returns

CA Parag Jani (BCom CA DISA Forensic Auditor)   (288 Points)

19 September 2011  

 

DEAR ALL

 

ONE OF MY ASSESSEE IS ENGAGED IN HEALTH CARE & FITNESS TRAINING BUSINESS. THE CLIENT HOLDS SERVICE TAX REGISTRATION SINCE 2002 BUT DID NOT FILE ST-3 RETURNS AFTER 2005.

 

HOWEVER, SERVICE TAX LIABILITY AFTER 2005 WAS NIL. NO TAX WAS PAYABLE BY THE ASSESSEE.

 

NOW, THE ASSESSEE WISHES TO FILE RETURNS AS HE'S CROSSING THE SSI EXEMPTION LIMIT OF RS.10 LACS.

 

THE CBEC AUTHORITIES ARE ASKING TO LEVY PENALTY FOR NON-FILLING OF ST-3 RETURNS?

 

WHAT TO DO? CAN WE AVOID PENALTY FOR NON-FILLING AS THERE WAS NO TAX DEFAULT? WE CAN PROVE THAT THERE EXISTED NO SERVICE TAX LIABILITY.

 

PLZ ADVISE AT YOUR EARLIEST.