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Service tax

(Querist) 01 May 2012 This query is : Resolved 
we e-filed the service tax on 26 of April 2012. now what amount should be paid in the form panalty when we will submitt the hard copy. because the dept is not acknowledged our return without panalty . he demanded 5000/- rs for panalty. There is no delay in the submission of service tax.
A V Vishal (Expert) 01 May 2012
The penalty for delayed filing is Rs.500 upto 15 days and Rs.1000 for delay between 15-30 days and beyond 30 days Rs.1000 plus Rs.100 per day of delay maximum restricted to Rs.20,000/-. However, your query is silent on the matter of which year's service tax returns were filed, in case the returns pertain to 2011-12 then the maximum penalty imposable is Rs.500 for delayed e filing. Further, there is no requirement to submit a hard copy of the return after e filing.
R.RAJENDRAN (Expert) 02 May 2012
If a person fails to file the ST-3 Return by the due date [25th October and 25th April every year], he shall be liable to penalty which may extend to Rs. Five thousand rupees (Section 77 of the Act)
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 (not exceeding
Rs.2000)


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