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how to reduce penalty in case of service tax

Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 asked

Service Tax Return was filed late (184 days late filing)... But tax was paid on time .. Late filing was due to mistake of consultant...(he forgot to file return on time) Received a notice from dept. for Penalty Rs. 16500/- approx Is there any solution to avoid or to reduce penalty ....

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2 Answers
Picsjoin 2017224123730582 answered

Hie Preetham, There is no solution to avoid or reduce penalty of late filing of service tax return. except if your return is nil. You need to bear the penalty and have to pay it. Mistake of consultant is not acceptable in case of filing of late Service Tax Return.

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

Dear Preetham, as per the service tax rule you are liable to pay penalty because return filing is your duty not consultant. also there is one exception if your return is nil than you can request to commissioner to waive penalty but in your case such exception is not applicable because you are liable to pay tax. however in this case your consultant is liable to refund such penalty amount to you. and such penalty is not allowable as an expenditure as per income tax act 1961. Writer CA Chitranjan Agarwal

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