Delay ST-3 Penalty Paybale

[Sharad Sonawane]

Dear Sir,

 

We Submitted ST-3 Delay  Excise Department given Show Cause  notice to us we are ready to pay penalty i need help Accounting Code for paying Penalty  Which Accounting Code applicable for paying penalty

[A Wilson]

Dear Sir,

As per my view, there is no common penalty accounting code available for payment of delay in filing st-3 return, but penalty accounting code is avilable for each service separately. So you may pay the penalty for late filing of ST-3 with penalty accounting code for your major service. You may also inform or discuss with your range officer before remittances

(eg)

 

Accounting head Service Tax	Code	Select	Interest Tax	Select	Penalties	Select
ACCOMMODATION IN HOTELS, INN, GUEST HOUSE, CLUB OR CAMP SITE ETC. SERVICE	1070		1071		1479

A.Wilson

[Rakesh Chitkara]

Why surrender and pay at the first stage itself. Worst that can happen is that penalty amount will remain the same (Rs.20,000/-, I presume). It can not increase. Try giving a reply and persuading him to exercise his discretion to drop the demand. Late fee is automatic but for penalty there has to be an adjudication order. Once SCN has been issued, Supdt. has to pass the Adjudication Order after considering whether your circumstances were bonafide. Share more details as to whether there was any confusion about taxability in this case. Why not gain experience of the processes of this Department - you have nothing to lose, except time. Money payable can not increase but can be reduced to Zero.

AI Summary

Penalty for late filing may require adjudication and can be contested rather than paid immediately. There is no single universal penalty accounting code for late filing of the ST 3; penalty codes apply by major service and taxpayers should consult their range officer before remittance. Alternatively, after issuance of a show cause notice a penalty requires an adjudication order and can be contested on bona fides-late fee may be automatic but penalty can be reduced or waived, so replying to the notice rather than paying immediately is advised.