mandatory and non appellable penalty of Rs 5000 is imposed for delayed filing of return under mvat.
but the penalty provision is amended in 2011-12 budget, w.e.f. a date to be notified, which is grossly reproduced below:
Where, any person or dealer has failed without reasonable cause to file within the prescribed time, a return for any period as provided under section 20, (�.) the Commissioner may, after giving the person or dealer a reasonable opportunity of being heard, by order in writing, impose on him, in addition to any tax payable by him, a sum of rupees ten thousand by way of penalty. Such penalty shall be without prejudice to any other penalty, which may be imposed under this Act:
Provided that, if the return is filed before the initiation of the proceeding for levy of penalty, the penalty shall be levied at rupees five thousand and in any other case, the penalty shall be levied at rupees ten thousand.
Also the penalty can now be appealed, as clause (b-2) of sub-section 2 of section 85 is deleted, w.e.f. a date yet to be notified