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How to avoid late filing Dvat Return penalty

sameer (Article) (122 Points)

07 January 2013

Dear Sir,

One of my client late files the D-vat return of preceding Financila years, but the actually in the mentioned period there is no transaction of purchase and sale means it is case of Nil return.

But now department is imposed huge penalty on such late filing .

Now i am required how my client is avoid such huge penalty, though it is a case of Nil return.

Kindly provide any case law to avoid such liability or any section on any other way to avoid such liability ?

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8 Replies

Rakesh Negi (Ecommerce) (147 Points)
Replied 03 February 2013

Originally posted by : sameer
	Dear Sir, One of my client late files the D-vat return of preceding Financila years, but the actually in the mentioned period there is no transaction of purchase and sale means it is case of Nil return. But now department is imposed huge penalty on such late filing . Now i am required how my client is avoid such huge penalty, though it is a case of Nil return. Kindly provide any case law to avoid such liability or any section on any other way to avoid such liability ?

Hi Sameer did you got any solution of it and what was the penalty. I got my registration cancelled due to a foolish new CA because of this. Pl tellme what happened in this case and what is teh solution.

RAJ KUMAR BHANDARI (FINANCE) (165 Points)
Replied 07 February 2013

you both have to first consult with your VATO and explain the truth and also file your periodic return timely even in case of NIL return.

Rakesh Negi (Ecommerce) (147 Points)
Replied 10 February 2013

Its teh matter of about 10 months back. At that time when I talk to VATO he told me that to apply with court as the matter is now cant be resolved. When I checked online its showing cancelled and I am unable to login.

Kaushik Vinod (CA IN PRACTICE) (1953 Points)
Replied 19 February 2013

First File the NIL return and the file the objection in DVAT 38 with Additional Commisioner and explain the reasons for non filing the return on time . He/ She will refer back the case to VATO if he is satisfied with your arguments.

om (Student CA IPC / IPCC) (22 Points)
Replied 31 December 2014

it's aslo my quarry. ( how to avoid DVAT penalty due to late filing return)

pawan (trainee) (21 Points)
Replied 30 January 2015

I have also the same querry but what reason should be mentioned in the objection if the return is actually late filed because the assesee was not aware about the filling of return after he gets the registration because the return for that period was NIL.