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Thursday, Mar 11, 2004

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Multiple service provider: Delay in filing of returns attracts only one penalty

K.R. Srivats

New Delhi , March 10

THE Central Board of Excise and Customs (CBEC) has said that only one penalty can be imposed for delay in filing of return by an assessee who provides more than one taxable service.

The board has in a circular clarified that "as per statutory provisions only one penalty as prescribed can be imposed".

The PHD Chamber of Commerce and Industry (Phdcci) had sought CBEC clarification on whether the penalty payable (under Section 77 of the Finance Act 1994) is on the basis of number of taxable services for which single return is filed (giving separate details for each taxable service) or maximum penalty is limited to Rs 1,000 only, irrespective of the number of taxable services for which a single return is filed.

CBEC had in January clarified that a single return would suffice for a service provider of multiple services.

The board has also now taken a similar position on the penalty for delay in taking single registration for more than one taxable service.

The revenue department had in January clarified that a service provider who is providing more than one taxable service can take single registration for all such taxable service provided by him.

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