23 July 2012
namaste all, please clarify regarding interest and penalty payable in delayed KVAT payment and non filing of return.
if paid and filed return before 5 days after due date if paid and filed return after 5 days and before 10 days of due date if paid and filed return after 10 days of due date
23 July 2012
36. Interest in case of failure to furnish returns or to pay tax declared on returns or other amounts payable.- (1) Every dealer shall be liable to pay simple interest on any amount of tax which should have been declared on a return, but which has been omitted from it, unless that omission is corrected within three months of the omission subject to subsection (2) of Section 72, and such interest is payable from the date the tax should have been declared, and the dealer shall declare his liability to pay that interest in such form and manner as may be prescribed. (2) If a dealer required to furnish a return under this Act.- (a) fails to pay any amount of tax or additional tax declared on the return, or (b) furnishes a revised return more than three months after tax became payable, declaring additional tax, but fails to pay any interest declared to be payable under sub-section (1), or (c) fails to declare any tax or interest which should have been declared, or (d) fails to make a return, such dealer shall be liable to pay interest in respect of the tax and additional tax payable as declared by him or the tax payable and interest payable under sub-section (1) for the period for which he has failed to furnish a return. (3) Where any other amount is payable under this Act is not paid within the period specified in Section 42, interest shall be payable on such amount from such period. (4) The interest shall also be payable under this Section during any period during which recovery of any tax or other amount payable under the Act is stayed by an order of any authority or Court in any appeal or other proceedings disputing such tax or amount. 37. Rate of interest.- (1) The rate of simple interest payable under Section 36 shall be 1 [one and one half per cent] 1 per month:
YOU HAVE TO PAY 1 1/2% INTEREST FOR THE DELAYED PAYMENT. IN YOUR SECOND QUERY, YOU HAVE MENTIONED "BEFORE 10 DAYS OF DUE DATE". FOR PAYING BEFORE DUE DATE INTEREST LEVY DOES NOT ARISE.
25 July 2012
and what about penalty apart from interest for delay in filing and payment of tax for 1)after due date upto 5days 2) afater due date upto 10 days 3) after due date above 10 days
CAclubindia
