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Late Fee for Delayed filing of Service Tax Return


Late Fee for delayed filing of service tax returnAll Service tax providers are liable for filing service tax return. Its mandatory required to e-file half yearly ST-3 return within 25 days of the end of the half year i.e., 25th October and 25th April every year.

Delayed Return: Section 70 (1) provides for filing of periodical return after the due date with the prescribed late fee of not more than Rs.20000. Thus, a delayed service tax return can be furnished by paying the prescribed late fee.

Late Fee for Delay in Furnishing Return

The prescribed late fee for furnishing a delayed return is given in the following table:

S. NO Period Of Delay Late Fee
(a) 15 days from the date prescribed for submission of the return. Rs.500
(b) Beyond 15 days but not later than 30 days from the date prescribed for submission of the return Rs.1000
(c) Beyond 30 days from the date prescribed for submission of the return An amount of Rs.1000 plus Rs.100 for every day from the 31st day till the date of furnishing the said return.

However, the total fee for delayed submission of service tax return shall not exceed Rs.20000. Further, where the assessee has paid the prescribed late fee for delayed submission of return, the proceedings, if any, in respect of such delayed submission of return shall be deemed to be concluded.

Late Fee may be reduced/ waived if Service Tax Payable is Nil

Where the gross amount of service tax payable is nil, the Central Excise Officer may, on being satisfied that there is sufficient reason for not filing the service tax return then he will reduce or waive the penalty (late fee).

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Alok Patnia founded Taxmantra.com, an expert in tax advisory & compliance. He is a Chartered Accountant having prior exposure with Ernst & Young & KPMG.

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