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Penalty for delay submission of returns

S RAMAN

Department levy for delay submission of filing ST - 3 returns online where as we have submitted hard copy of returns as the portal was blocking making entries. Is penalty laviable

Debate on Penalties for Late Service Tax Returns: Hard Copy Submission vs. Online Filing Challenges A discussion on a forum addresses the issue of penalties for late submission of service tax returns. The original poster submitted a hard copy of the returns due to portal issues but was questioned about penalties for not filing online. One respondent supported the department's stance, noting the portal was not blocked all month and suggested leniency if justified. Another argued no penalty should apply as the returns were filed and acknowledged. They advised documenting issues with the portal for future reference. A final reply recommended filing returns early to avoid last-minute issues. (AI Summary)
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Mahir S on Sep 19, 2013

Department view is correct and legal.

Also you did not intimated the department regarding the blocking by the portal. Further, the portal does not remain blocked for the entire whole month.

department may take lenient view, provided the issue is justified.

S RAMAN on Sep 19, 2013

Thanks. We have duly informed about difficulties to help desk - aces.  Agree that the portal is not blocked right through and uploaded when possible. But remember we have submitted hard copy of return also and hence where is the question of delay and late fee ??

MANDAVILLI RAMAKRISHNA on Sep 20, 2013

No penalty is warranted as the penalty is only for non filing of ST-3 returns. In your case, you filed the ST 3 returns. When the department authorities issued acknowledgement how you can be penalised for penalties.

Further, it is your responsibility to file e returns. if the online system is preventing data entry take snap shots in printing form or in soft copy form to save yourself. We are doing taking printout when ever we are filing, when ever the website is not working. this will help in future.

S RAMAN on Sep 21, 2013

Thanks to all

RAMNIRANJAN KANDOI on Sep 22, 2013

Dear,

I always advise assessee to file ER-1 & other returns well in time i.e. on or before 07 of every month & not to take chance at the last moment.

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