C.A. Girish R Dalwadi (C.A. practice) (213 Points)
07 January 2016S.tax return not filed from Sep. 2013, As no Taxable T/O there after, Officer has issued penalty notice. what i will do.
i am required to file all return from sep. 2013 to till now.
or reply with waiver penalty letter.
Nagendra Hegde
(Chartered Accountant)
(1948 Points)
Replied 07 January 2016
As per Sec 70 of Finance Act, every person liable to pay the service tax shall himself assess the tax due on the services provided by him and shall furnish to the Superintendent of Central Excise, a return in such form and in such manner…..
Further Rule 7 of Service tax rules provides that every assessee shall submit a half yearly return in From ‘ST-3’………
"assessee" means a person liable to pay tax and includes his agent;(Sec 65B (12).
As per me, based on above grounds, you could ask dept to drop penalty/ late filing fee charges.
Nagendra Hegde
(Chartered Accountant)
(1948 Points)
Replied 08 January 2016
Further, Rule 7C of STR provides 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, he could reduce or waive the penalty.
U S Sharma
(glidor@gmail.com)
(21063 Points)
Replied 08 January 2016
you have to file NIL returns,
its upto the R/O to weive the late fine, on genuine grounds
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