SUPREME COURT JUGEMENT FOR WAIVER OF RETURN PENALTY.

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..... SUPREME COURT JUGEMENT FOR WAIVER OF RETURN PENALTY.
Query (Issue) Started By: - sanjeev jadhav Dated:- 10-11-2016 Last Reply Date:- 12-11-2016 Service Tax
Got 8 Replies
Service Tax
Dear Sir, Recently our excise department has passed order regarding imposition of penalty ₹ 60000/- for delayed submission of three service tax returns. Has their any judgement / decesion of Supermen .....

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..... t Court or High Court regarding waiver / reduce in Rule 7 penalty. Reply By Ganeshan Kalyani: The Reply: If return of Service Tax is not filed within prescribed period, penalty is leviable u/s 77(2) which can be up to ₹ 10000/-. If late fee is paid, penalty will not be imposed. Reply By MARIAPPAN GOVINDARAJAN: The Reply: What are the due dates for filing ST returns and when you have file .....

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..... d the same? I Reply By surya narayana: The Reply: Dear Friend, I am afraid that the maxim late fee is ₹ 20,000/- for late filing of ST Return.in terms of Section 70(1) of FA,1994 with effect from 1.4.2011. Best Regards Suryanarayana Reply By sanjeev jadhav: The Reply: Dear Sir, Thanks all of you for reply and suggestion. Due dates for ST-3 returns are given below:- Period Due Date .....

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..... Date of Submission Apr-13 to Sept-13 25.10.2013 26.10.2015 Oct-13 to Mar-14 25.04.2014 01.02.2016 Apr-14 to Sept-14 14.11.2014 07.02.2016. Order is decided and imposed late fee ₹ 60000/-. As ours is newly set up and we wish to appeal the OIO. Reply By MARIAPPAN GOVINDARAJAN: The Reply: For each case maximum late fee ₹ 20,000/- is levied. Delay of return is for three occasions. .....

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..... Therefore the late fee is payable is ₹ 60,000/-. No appeal can be filed since it is a correct one. Reply By sanjeev jadhav: The Reply: Dear Sir, Thanks you for your suggestion. But ours is small SSI unit and expect to reduce penalty. In brief ours is new unit started during 2013. Initially during primary state no person is their for looking these transactions. And also total Service tax pa .....

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..... id for all thee periods is amounting to ₹ 87000/- which also relates to reverse charge mechenism system relating to GTA & Manpower. Entire service tax paid along with interest immediately after registration without any follow up or letter from department. Late fee ₹ 60000/- to the total payment of ST ₹ 87000/- is not sustansiable / proper. Hence we are filling appeal to reduce it .....

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..... . Reply By MARIAPPAN GOVINDARAJAN: The Reply: If you file appeal you will lose the case and also the waste of time. Reply By Ganeshan Kalyani: The Reply: Also check the litigation cost involved.
Discussion Forum - Knowledge Sharing .....

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