dvat
This query is : Resolved
CA SANJAY MUKHERJEE
(Expert)
22 November 2010
Section :86:
Point 9. If a person required to furnish a return under Chapter V of this Act
a. fails to furnish any return by the due date; or
b. fails to furnish with a return any other document that is required to be furnished with the return; or
c. being required to revise a return already furnished, fails to furnish the revised return by the due date;
the person shall be liable to pay, by way of penalty, a sum of one hundred rupees per day from the day immediately following the due date until the failure is rectified:
PROVIDED that the amount of penalty payable under this sub-section shall not exceed ten thousand rupees.
Point 9. If a person required to furnish a return under Chapter V of this Act
a. fails to furnish any return by the due date; or
b. fails to furnish with a return any other document that is required to be furnished with the return; or
c. being required to revise a return already furnished, fails to furnish the revised return by the due date;
the person shall be liable to pay, by way of penalty, a sum of one hundred rupees per day from the day immediately following the due date until the failure is rectified:
PROVIDED that the amount of penalty payable under this sub-section shall not exceed ten thousand rupees.
Ram Avtar Singh
(Expert)
22 November 2010
Aslo a clerification issued by this circular.
Number: Circular No. 19 of 2005-06
Issue Date : 21-07-2005
Subject : Penalty with respect to the subsection(4) and (9) of the section 86 of DVAT ACT
GOVERNMENT OF N.C.T OF DELHI DEPARTMENT OF TRADE AND TAXES, BIKRI KAR BHAWAN, I.P. ESTATE, NEW DELHI-110 002 Dated: 21/07/2005 CIRCULAR No. 19 OF 2005-06 Sub : Penalty with respect the sub-section (4) and (9) of the section 86 of the DVAT Act, 2004. Concern has been raised at different forums about lack of clarity among few of the officials and professionals regarding the date of effecting the penalty for return defaults and Registration defaults with reference to the above-mentioned sub-sections of section 86. It is hereby clarified that, the penalty, referred to in the sub-section (4) of section 86 of the DVAT Act, 2004, is to be computed w.e.f. the date on which the dealer or person is required to get himself registered in terms of sub section (1) of section 18 (i.e. w.e.f. the date on which such registration becomes due). It is also clarified that in case of return default, the penalty, referred to in the sub-section (9) of section 86 of the DVAT Act, 2004, for such default, is to be computed from the day following the last day prescribed for filing of the return. This issues with the prior approval of the Commissioner, Value Added Tax. Sd/- (S.R. MAHESHWARI) VALUE ADDED TAX OFFICER (POLICY-III) No.F.VAT/POLICY-III/2005/934 Dated: 21.07.2005
Number: Circular No. 19 of 2005-06
Issue Date : 21-07-2005
Subject : Penalty with respect to the subsection(4) and (9) of the section 86 of DVAT ACT
GOVERNMENT OF N.C.T OF DELHI DEPARTMENT OF TRADE AND TAXES, BIKRI KAR BHAWAN, I.P. ESTATE, NEW DELHI-110 002 Dated: 21/07/2005 CIRCULAR No. 19 OF 2005-06 Sub : Penalty with respect the sub-section (4) and (9) of the section 86 of the DVAT Act, 2004. Concern has been raised at different forums about lack of clarity among few of the officials and professionals regarding the date of effecting the penalty for return defaults and Registration defaults with reference to the above-mentioned sub-sections of section 86. It is hereby clarified that, the penalty, referred to in the sub-section (4) of section 86 of the DVAT Act, 2004, is to be computed w.e.f. the date on which the dealer or person is required to get himself registered in terms of sub section (1) of section 18 (i.e. w.e.f. the date on which such registration becomes due). It is also clarified that in case of return default, the penalty, referred to in the sub-section (9) of section 86 of the DVAT Act, 2004, for such default, is to be computed from the day following the last day prescribed for filing of the return. This issues with the prior approval of the Commissioner, Value Added Tax. Sd/- (S.R. MAHESHWARI) VALUE ADDED TAX OFFICER (POLICY-III) No.F.VAT/POLICY-III/2005/934 Dated: 21.07.2005
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