Nandhini (Director) (25 Points)
11 February 2014Sir,
We have Service Tax Registration number since 2006, but we paid only upto 2008. After that we didnt collected any service tax from the client, but we didnt filled nil returns.
Now our company may cross 10Lakhs this year, Please advice how to proceed on this
Rohit Gupta
(Audit Executive)
(271 Points)
Replied 11 February 2014
Dear Nandhini,
The service tax return is required to be filed under Section 70 of the Act read with rule 7 of the Rules, by 'any person liable to pay the service tax'. This return is required to be filed on a half yearly basis, in Form ST-3. For the periods from April to September and October to March, it must be filed by the 25th October and the 25th April respectively.
Where the return prescribed under rule 7 is furnished after the date prescribed for submission of such return, the person liable to furnish the said return shall pay to the credit of the Central Government the following amount.
| Period of Delay | Penalty/late fee After Finance Act, 2011 (W.e.f. 08.04.2011) |
| for delay up to 15 days | INR 500 |
| for delay beyond 15 days but up to 30 days | INR 1,000 |
| for delay beyond 30 days | INR 1,000 + INR 100 per day (from 31st day subject to a maximum amount of Rs 20000. |
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.
So in my opinion start filing the Service Tax return now after paying yr current service tax liability and in case you will receive any notice just satisfy the AO. I hope u know how to satisfy him.
Regards
Rohit Gupta
CAclubindia
