• Penalties for non-payment of Service tax

ST Reg no.EGSPK5679DSD001
Sole Proprietorship Firm
ST-2 issued on "04.08.2016 "
However, we didn't get ST-2 Stamped and Signed by the authorities.
We didn't carry any business till date.
Apr 2016 - Sep 2016 .....No business carried out ...Nil Income
Sep 2016 - Mar 2017 ....No business carried out ...Nil Income
 We didn't file ST-3 for any of the above periods.
Is there any penalty to be paid on my behalf??
Asked 7 years ago in Service Tax

Sir,

ST 2 is issued online automatically when no is issued. So you can't say that you had not got it.

Next, there are the penalties for non filling of return but you can argue with the department explaining the reason and intention was bonaside. You can support your claim with supporting case laws.

Vidya Jain
CA, Kolkata
1010 Answers
58 Consultations

4.8 on 5.0

yes You have to file nil return of above period.

Mohit Agarwal
CA, Agra
37 Answers
1 Consultation

4.3 on 5.0

Yes department can levy penalty max 20000 per return

Actually it's for delay upto 15 days 500

For dearly upto 30 days 1000

And 100 per day delay beyond 30 days maximum to 20000

ST2 with stamp not required coz ST2 issued electronically thus not required any stamp or sign

My advise is to plz fill both st3 asap without payment of penalty

If any penalty raised by department then you can argue and try to reduce penalaty

And in St3 of march it's only 1000 till 29 may

Lalit Bansal
CA, Delhi
773 Answers
61 Consultations

5.0 on 5.0

Dear Sir,

Yes, department can levy penalty upto maximum 20000 per return.

ST2 is issued electronically and not required to be stamped or signed.

In my opinion, you should immediately file both the returns.

Thanks and Regards,

Abhishek Dugar

CA CS B.Com

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Hello,

Yes, Penalty for non filing of Returns has to be paid on your part. You can still file a request letter stating waiver for penalty considering there were no taxable transactions, but it is solely at the discretion of the department.

It is any time advisable to file NIL Returns even if there is no transactions.

Trust this clarifies your query.

Feel free to call / get back in case of further clarifications.

Thanking You.

Regards,

Rohit R Sharma

BCOM, ACA, LLB-GEN, CERT. FAFP

Rohit R Sharma
CA, Mumbai
2104 Answers
95 Consultations

5.0 on 5.0

Hello,

It is mandatory to file even NIL Returns i.e if no business is done. Penalty shall be applicable.

Regards

Keerthiga Padmanabhan

M.Com., CA, LLB

Keerthiga Padmanabhan
CA, Greater Mumbai
784 Answers
27 Consultations

5.0 on 5.0

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