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TMI BlogPenalty for late filing of Service taxX X X X Extracts X X X X X X X X Extracts X X X X ..... Penalty for late filing of Service tax X X X X Extracts X X X X X X X X Extracts X X X X ..... e section reference. Thanks Mukund M Honkan Reply By ROHAN THAKKAR: The Reply: Dear Sir, The due date for filing return for the period of April 2010 to September 2010 is 25th October, 2010 and for the period of October 2010 to March 2011 is 25th April 2011. The penal provisions of late filing of service tax return are contained in Section 70 of the Finance Act and Rule 7C of the Service Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules, 1994 which reads as under: '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 and at such frequency and with such late fee not exceeding twenty thousand rupees rupees, for delayed furnishing of return, as may be prescribed.' In addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion, Rule 7C of the Finance Act states the amount to be paid if there is delay in submission of return. The amount to be paid is as under. Period of delay Amount to be paid 15 days Rs. 500 More than 15 days but upto 30 days Rs. 1,000 More than 30 days Rs. 1,000 + Rs. 100 for every day till the default continues subject to maximum amount stated in section 70 [i.e., maximum amount to be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paid is Rs. 20,000] The maximum penalty of Rs. 20,000 which has been increased from Rs. 2,000 will be applicable from 01-04-2011. From the harmonious construction, the provisions for late filing of return can be summed up as under: Return relates to April 2010 to September, 2010 whose due date is 25th October, 2010 If the return is to be filed on say 16th August, 2011. In such case, penalty wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll be Rs. 15,800 [Rs 2,000 till 31-03-2011 plus Rs. 100 for every day for 138 days from 01-04-2011] Return relates to October 2010 to March, 2011 whose due date is 25th April, 2011 If the return is to be filed on say 16th August, 2011. In such case, penalty will be Rs. 9,300 [Rs 1,000 till 25-05-2011 plus Rs. 100 for every day for 83 days from 26-05-2011] Hope, the above point has resolved the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issue. Regards, Rohan Thakkar 9228720536 Reply By NEERAJ KUMAR, RANCHI: The Reply: Mr Thakkar has very beautifully described the provisions, the only point where I would like to differ is the column Return relates to April 2010 to September, 2010 whose due date is 25th October, 2010 If the return is to be filed on say 16th August, 2011. In such case, penalty will be Rs. 15,800 [Rs 2,000 til ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l 31-03-2011 plus Rs. 100 for every day for 138 days from 01-04-2011]
In this situation I believe that the penalty amount will be Rs 20,000/- and no as said by Mr Thakkar. X X X X Extracts X X X X X X X X Extracts X X X X
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