Penalty applicable for VCES

[Raju Kollavelil]

Our organisation has given application for registration under service tax on 21-12-2013 and taken registration on 23-12-2013. VCES filed on 31-12-2013 by paying full tax on 31-12-2013 for the period upto 31-12-2012. Subsequently tax and interest paid upto the period of Dec 2013.

The department issued a notice on 23-12-2013 for non registration and non payment of taxes.

Now the department demands to pay penalty under section 73(4A) for the period 1-1-2013 to 31-12-2013. My query is as per VCES 107(5) Notwithstanding any thing contained in sub section (3) and sub section (4), any service tax which becomes due or payable by the declarant for the month of January 2013 and subsequent months shall be paid by him in accordance with the provisions of the Chapter and accordingly, interest for delay in payment thereof, shall also be payable under the Chapter. My query is whether penalty has to be paid for the period.

[Mahir S]

Sir,

You have very smartly Deleted the details regarding inquiry and investigation conducted by the department before issuance of notice.

Further, VCES cannot be filed after issuance of SCN. Hence, department's contention that you are liable for Penalty, appears to be true and correct.

AI Summary

Penalty liability under VCES may arise where a voluntary declaration is filed after issuance of a show cause notice.
A taxpayer registered for service tax in late December and filed a VCES declaration for earlier periods while a departmental inquiry had already led to issuance of a show cause notice; the adviser observes that VCES is not maintainable after issuance of such a notice and that the department's claim for penalty under section 73(4A) for the period of non registration therefore appears to be sustainable.