EXCISE AND SERVICE TAX RETURN

[SUMEDH AYARE]

WE ARE TAKING CREDIT ON INPUT SERVICES (SERVICE TAX)  AGINST THE EXCISE DUTY PAYABLE.

AT OUR END THERE IS NO LIABILITY OF SERVICE TAX PAYMENT.

WE ARE PAYING ONLY EXCISE DUTY  &  FILING EXCISE RETURN I.E.  ER-1  (WHEREIN WE SHOW THE CREDIT OF SERVICE TAX) 

WE ARE NOT FILING ANY SERVICE TAX RETURN. (WE ARE REGISTERED WITH ST  AS  GTA)

WHETHER WE NEED TO FILE SERVICE TAX RETURN ?????????? 

[Vijay Chitte]

Even if there is no liability of service tax assessee will have to file "NIL" return as long as registration certificate is valid.

[NEERAJ KUMAR, RANCHI]

yes you are required to file return if you are registered.

[rishi mohan]

Filing of Service tax return is mandatory, whether any transactions for the relating period have incurred or not. There return has to be filed.

[YAGAY andSUN]

Non compliance will attract penal action and Rs. 20000/- (maximum penalty) may be imposed.

[Puneet Agrawal]

Yes, You have to file ST-3 Return, otherwise there will be liability of Rs. 20,000/- (maximum) under S. 70 and penalty up to Rs. 10,000/- may be imposed under S. 77 (2). However, As. Per proviso to Rule 7C, in case of nil S. T. liability, C. Ex. Officer may waive or reduce the penalty.

Regards

Kunal Prashant
Advocate

Athena Law Associates
808, L & T Building, Sector 18 B,
Dwarka, New Delhi-110078
Tel: +91-11- 2456 9689,  Fax: +91-11-45611851     

Mob: +91-9958844576, +918287544576,  Email: [email protected] 

 

AI Summary

Filing a 'NIL' Service Tax Return is Mandatory for Registered Entities, Even Without Service Tax Liability. Penalties Apply. A forum participant inquired about the necessity of filing a service tax return despite having no service tax liability and only paying excise duty. Multiple responses clarified that filing a 'NIL' service tax return is mandatory if the entity is registered, regardless of transaction activity. Failure to comply can result in penalties up to Rs. 20,000, though penalties may be waived or reduced by the Central Excise Officer in cases of nil liability.