Can the gto nil,return filing compulsary or not?

This query is : Resolved

M.K.AGGARWAL

M.K.AGGARWAL (Querist)
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30 April 2012 A Dealer is filed his DVAT Return with NIL GTO for Ist Qtr & IInd Qtr 2011-12,on 17-02-12,I know as perTHE DVAT ACT,2004,there is a peanlty on late return filing, can you tell me under what section or produre,I adopt,for peanlty waive-off.The dealer was surrender his R.C.on 29-02-2012.

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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02 May 2012 Mr MK Aggarwal,
The penalty of Rs100/- per day of delay subject to a maximum of Rs10,000/- are mandatory. Generally,the departments do not persue these cases when they are closed.Now your dealer has already surrendered the RC and also filed the returns,although late.Wait for some time.Approach the department to get the RC cancellation confirmed and ask for refund of any deposit paid. The only plea you may have is that you have suffred heavy losses and was forced to close etc. That may help you.
MJK

M.K.AGGARWAL

M.K.AGGARWAL (Querist)
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04 May 2012 Thank You,Sir,for your reply.

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