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Penalties Under Service Tax Law

Penalties Under Service Tax Law

Penalties Under Service Tax Law

If Half-yearly Service Tax Return (ST-3 / ST-3A) is filed after the due date of return filing then, the assessee is required to deposit late fees depending upon the period of delay. Such late fee can be a maximum of Rs. 20,000/- [ Please Refer: Section 70(1), Finance Act, 1994)

However, according to the provisions of Service Tax Rules, 1994 (Rule 7C) some allowance is available to the assessee for if the delay in filing of return is within specified period as shown under. [Please Refer: Rule 7C, Service Tax Rules, 1994]

Delay in Filing of Return After the Due DateLate Fees
First 15 daysRs. 500/-
More than 15 days but not more than 30 daysRs. 1000/-
More than 30 days1000 + 100 per day beyond 30 days
The Late Fee in any case Cannot Exceed Rs. 20,000/-

Illustration:

Due date is 25th April

What would be the late fees chargeable in case of filing of return of service tax under following situations.

April: 25, 26, May: 10, 11, 25, 26 28 June: 04, 05,

Solution:

Actual Dateof FilingParticularsLate Fees
April – 25On the due dateNIL
April – 26Within first 15 days (Even if just 1 day after the due date)500
May – 10Within first 15 days (15th Day after the due date)500
May – 11After 15 days but not more than 30 days ( It is 16th Day)1000
May – 25After 15 days but not more than 30 days ( It is 30th Day)1000
May – 26Beyond 30 days (1000 + 100 X 1) as 1 day after 30 day limit1100
May – 28Beyond 30 days (1000 + 100 X 3) as 3 days after 30 day limit1300
June – 04Beyond 30 days (1000 + 100 X 10) as 10 days after 30 day limit2000
June – 05Beyond 30 days (1000 + 100 X 11) as 11 days after 30 day limit2100
For 220 DaysBeyond 30 days (1000 ) + (190 Days X 100)20000
Beyond 220 DaysThe Penalties shall not exceed Rs.2000020000

Penalties Penalty is generally levied on the assessee for intentional violation of provision of the Act or Rules made there under. It is penal in nature and charged to the assessee in addition to the Interest and Service Tax. If assessee proves there was a reasonable cause for failure in payment of service tax no penalty should be imposed on him [ Section 80, Finance Act 1994 ]

 Penalties Under Service Tax Law

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