Advertisement company’s CMD arrested for service tax default in Mangalore
MANGALORE: A Chairman and MD of a major company providing advertisement services and event management has been arrested by the officers of the Commissionerate of Central Excise and service tax, Mangalore on Wednesday, for collecting the service tax of over Rs 1.94 crore from April, 2012 to June, 2014 and not remitting the same to the government account.
Out of this amount, Rs 1.16 crore was retained by them for more than six months.
Dr. M Subramanyam, commissioner, stated in a release that during the audit of the service provider, the officers found that the service provider has failed to remit the service tax collected to the government account. The detailed investigation initiated in the matter prima facie revealed the service provider has been evading payment of appropriate service tax for over two years.
Scrutiny of the documents furnished by the service provider revealed they were not complying with even the basic statutory requirements like timely filing of returns intimating the taxable services provided, discharging appropriate service tax liability, remitting the service tax collected to the government account etc., thereby contravening the provisions of the Finance Act, 1994 and the rules framed there under.
As per section 89(1)(d) read with section 89(1)(ii) of the Finance Act, 1994, whoever collects amount in excess of Rs 50 lakh as service tax but fails to credit the same to the government account within a period of six months from the day on which such payment becomes due, is liable for imprisonment for a term which may extend to seven years. Such offenses shall be cognizable as per section 90 of the Act.
The commissioner said the person was therefore, arrested under section 91 of the Finance Act, 1994 and produced before the principal civil judge senior division and chief judicial magistrate, Mangalore who remanded him to judicial custody. Further investigation is under progress, stated the commissioner.
The commissionerate has initiated several measures to target erring assesses such as creating a data base of defaulting service tax assesses, approaching the judiciary for issuance of non-bailable warrants where the person summoned in connection with enquiry fails to appear etc. Further all concerted efforts are being taken to enhance tax compliance in the jurisdiction.
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