actually, our company registered in service tax on 17.06.2010,please tell me the when we shuold file RETURN FILE ???
THANKS IN ADVANCE
16 Replies
CA Ayush Agarwal
(Kolkata-Pune-Mumbai)
(27186 Points)
Replied 04 October 2010
then june month return is to be filled.
Jeevesh Mehta
(Advocate- Corporate Commercial & Indirect Tax Advisory)
(861 Points)
Replied 04 October 2010
Dear Rahul,
Service TAx return are filed on half yearly bases, ie. April - September and October to March.
You will have to file the return by 25th October 2010 for the period of April to September.
Regards
Jeevesh MEhta
9811617186
ADITI MALIK
(article assistance)
(78 Points)
Replied 04 October 2010
We paid Service tax monthly, quartely or half yearly(as per the registration)......bt we file return half yearly....
Sunita
(CA)
(55 Points)
Replied 19 October 2010
Hi,
Dear , our client has not filed service tax return for last 3 FY 07-08,08-09,09-10.Now she wants to file nil return for these 3 years and for current half year. May I please know the penalty payable and other provisions for delay in filing return..
Thanks in adv...
RAMESH KUMAR VERMA
( CS PURSUING )
(43853 Points)
Replied 20 October 2010
If a person who is liable to pay Service Tax fails to pay service tax, he shall pay in addition to such tax and interest in accordance with the provisions of Section 75 of the Finance Act, 1994, a penalty which shall not be less than Rs. 200/- for every day during which such failure continues or @ 2% of such tax per month, (whichever is higher. )
However, the penalty amount payable shall not exceed the amount of Service Tax payable. (Refer to Section 76 of the Finance Act, 1994).
for more info :-
Jeevesh Mehta
(Advocate- Corporate Commercial & Indirect Tax Advisory)
(861 Points)
Replied 20 October 2010
Dear Rames,
What Meena is asking for is the provision for late filing of returns and that too Nil Returns , therefore provisions for non payment of tax are not asked for here.
Regards
RAMESH KUMAR VERMA
( CS PURSUING )
(43853 Points)
Replied 20 October 2010
MEENA ,
ATTENTION, PLEASE
If a person gets himself registered with the service tax department, he has to follow all the procedures and submit all the relevant documents which are necessary, even if he is not providing any services during the concerned half year.
Therefore, even if he is not providing any service or not liable to pay any service during the corresponding Half Year for which return is due to be submitted, he is required to file return in Form ST-3 or ST-3A as the case may be, as a NIL return.
However, in various instances, the tribunal has taken liberal stand for non filing or late filing of NIL return and rejected the penalty proceedings for the same. (Re. SAJJAN KUMAR KARIWALA v. CCE 2003 (159) E.L.T. 1131 -Tri. -
ALSO NOTED THAT :-
If a person fails to file the ST-3 Return by the due date Mandatory Penalty for Late filing of ST-3 Return under Rule 7C of Service Tax Rules, 1994 Sr.No. Period of Delay from the prescribed date Penalty 1 15 days Rs.500/- 2 Beyond 15 days but not later than 30 days Rs.1000/- 3 Beyond 30 days Rs.1000/- plus Rs. 100/- for every day from the thirty first day till the date of furnishing the said return Rs.2000)
Jeevesh Mehta
(Advocate- Corporate Commercial & Indirect Tax Advisory)
(861 Points)
Replied 20 October 2010
Still the query is unanswered...
Meena you will be liable to pay a sum of Rs 2000 per return which brings you total liability to file belated returns to Rs 12000 i.e for 3 assessent years ( Two Returns per day).
Department may impose some penalty also at the time of filing such returns but generallyt it is seen that the department have waived of the penalty where there is no tax payable in the relevant years.
Regards
jeevesh @ mavenlegal.net
sajay kumar
(IPCC STUDENT)
(162 Points)
Replied 20 October 2010
mr .rahul,
as per iam concerned reurn has to be filed on half yearly basis. you havt to file return on every oct 25th and dec-31sten thougu you dont have incom or loss, it is mandatory for companies and firms,
sajay kumar
(IPCC STUDENT)
(162 Points)
Replied 20 October 2010
mr.rahul,
as per am considered return has to filed on half yearly basis. due dates are 25th oct, 25th april. you need to file return even if your income is niill or incurred loss. filling of return is mandatory for companies and firms
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