INTERVIEW QUESTIONS TAX SERVICE TAX DETAILS

Question: Can Service Tax Show Cause Notice be waived?

Answer: Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the person chargeable with the service tax, or the person to whom such tax refund has erroneously been made, may pay the amount of such service tax on the basis of his own ascertainment thereof, or on the basis of tax ascertained by a Central Excise/Service Tax Officer before service of notice on him and inform the Central Excise/Service Tax Officer of such payment in writing, in such a case show cause notice will not be issued. [Refer Section 73(3) of Finance Act, 1994]. However, sub-section (3) of Section 73 of Finance Act, 1994, is not applicable to the cases involving fraud or collusion or willful misstatement or suppression of facts or contraventions of any of the provisions of Chapter V of the Finance Act,1994 and the rules made there under with intent to evade payment of Service Tax [Refer sub-section (4) of Section 73 of Finance Act, 1994].

Where any service tax has not been levied or paid or has been short-levied or short-paid or erroneously refunded, the person chargeable with the service tax, or the person to whom such tax refund has erroneously been made, may pay the amount of such service tax on the basis of his own ascertainment thereof, or on the basis of tax ascertained by a Central Excise/Service Tax Officer before service of notice on him and inform the Central Excise/Service Tax Officer of such payment in writing, in such a case show cause notice will not be issued. [Refer Section 73(3) of Finance Act, 1994]. However, sub-section (3) of Section 73 of Finance Act, 1994, is not applicable to the cases involving fraud or collusion or willful misstatement or suppression of facts or contraventions of any of the provisions of Chapter V of the Finance Act,1994 and the rules made there under with intent to evade payment of Service Tax [Refer sub-section (4) of Section 73 of Finance Act, 1994]. Source: CoolInterview.com

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