TaxTMI 
TaxTMI 
Limitation period
X X X X Extracts X X X X
X X X X Extracts X X X X
....imitation period<br> Query (Issue) Started By: - Shyam Naik Dated:- 28-9-2022 Last Reply Date:- 29-9-2022 Service Tax<br>Got 5 Replies<br>Service Tax<br>Relevant date for the purpose of reckoning period of limitation for issuance of SCN under service tax is date of filing the service tax return. Whether the date of original return or the revised return shall be considered for the purpose of comput....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ing the limitation? Reply By KASTURI SETHI: The Reply: Date of filing of original return is legally valid date for computation of time limitation. By revising means just to make corrections to the original return already filed. By filing revised return means you are just revising the figures. Hence date of filing revised return cannot be considered for computing limitation. Reply By Ganeshan Ka....
X X X X Extracts X X X X
X X X X Extracts X X X X
....lyani: The Reply: I agree with the view of Sri Kasturi Sir. Reply By Shyam Naik: The Reply: Thank You very much. Now I chanced upon on explanation to Rule 7B. It explains that the date of revised return is relevant date for section 73. Shyam Reply By KASTURI SETHI: The Reply: Re-examined the issue. Yes you are right. It is in the Explanation to Rule-7B but not in Section 73 of the Act. I pe....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rused only the Act and not Rule 7 B. Reply By KASTURI SETHI: The Reply: By Rule 7B the department gets more time period to issue SCN for recovery of ST not paid/short paid. Naturally the department will prefer this rule. Whenever there is a clash between the Act and Rule, the Act will prevail over the Rule. In Central Excise era, in one of the cases (Compounded Levy Scheme), penalties were impo....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sed upon a large number of assessees under Rule but there was no statutory provision for imposition of penalty under Central Excise Act. All penalties were set aside by the Supreme Court and the department accepted that order of the Supreme Court.<br> Discussion Forum - Knowledge Sharing ....