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Issue ID : 4894
- 0 -

EXCISE AND SERVICE TAX RETURN

Date 02 Nov 2012
Replies5 Answers
Views 1554 Views
Asked By

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 ?????????? 

5 answers
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- 0
Replied on Nov 3, 2012
1.

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

- 0
Replied on Nov 3, 2012
2.

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

- 0
Replied on Nov 3, 2012
3.

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

- 0
Replied on Nov 6, 2012
4.

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

- 0
Replied on Nov 7, 2012
5.

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: kunal@athenalawassociates.com 

 

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