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Issue ID: 4280
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Return Submission

Date 21 Jun 2012
Replies 3 Replies
Views 1282 Views
Asked by
Validity of online return submissions: saved-but-not-submitted returns treated as unfiled, attracting penalty and requiring resubmission.
A taxpayer's online service tax return that was only saved, with screen printouts retained, is treated by the department as unfiled; the department requires payment of a late filing penalty and resubmission because legal effect attaches to confirmed online submission rather than saved drafts, placing the onus on the taxpayer to ensure official portal confirmation and to avoid last day filings. (AI Summary)

Hello,

I have filled service tax return for sep 11 halfyearly, online and uploaded the same online too. During submission printout of various screens appeared have been taken and kept for record..

Now the service tax department is saying that the said return is only saved online and is not submitted.  They are also saying that, since, the said is unfiled make a payment of late filing and re-submit the return.

Please Help.

3 answers
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Replied on Jun 22, 2012
1.

Dear Sir,

 

The Department is absolutely right on their view point that you would have to pay penalty for it and resubmitt the return.

I had read about this in ELT that such kind of event will surely make assessee to pay the fines and penalties etc.

This is for your kind information.

 

Regards,

 

Pradeep Khatri

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Replied on Jun 24, 2012
2.

Dear Mr Bajaj

If your return has not been submitted  successfully online, department is not resposble.  You'll have be to pay penalty. It is like written on bus or train that "yatri apne saman ki suraksha swaym karein". Many people facing such problem. For avoiding such problem do not submit your return on the last day. Do it early.

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Replied on Jun 25, 2012
3.

Neeraj Sir,

Your reply brought smile on my stressed face.

Thanks & Best Regards,

Pradeep Khatri

 

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