Levy of Penalty
This query is : Resolved
CA Nitin Wadhwani
(Querist)
11 September 2008
Penalty For Late Filing Of VAT Return has Been Increased from 2000/- To 10000/- from 1.4.2008
Question is Whether this is appliacable for returns filed after 1.4.2008 but pertaining to earlier period or return filed after 1.4.2008 pertaining to periods 1.4.2008 and therafter?
Plz Clarify Since This is Specific Provision For Same?
Question is Whether this is appliacable for returns filed after 1.4.2008 but pertaining to earlier period or return filed after 1.4.2008 pertaining to periods 1.4.2008 and therafter?
Plz Clarify Since This is Specific Provision For Same?
15 September 2008
It is prospective in nature and therefore from 1.4.2008. If there is a specific mention as to date of implementation, then from that date.
CA Nitin Wadhwani
(Querist)
15 September 2008
Plz Read The Question Carefully.
This is Not an Answer To My Question.
This is Not an Answer To My Question.
CA. O.P. Agarwalla
(Expert)
16 September 2008
In my opinion, such increased late fine will be applicable for returns due after 01/04/2008 only. However, to confirm, please read the amendment notification carefully. Please quote the notification, so that a proper interpratation can be made.
CA Nitin Wadhwani
(Querist)
16 September 2008
I Have read The Notification.
But there is No Specific Mentioning of its interpretation.
But there is No Specific Mentioning of its interpretation.
CA. O.P. Agarwalla
(Expert)
17 September 2008
In that case, I am of the opinion that such increased late fine will be applicable for returns due after 01/04/2008 only
CA Nitin Wadhwani
(Querist)
17 September 2008
The STO Has Levied Penalty On Return Filed After 1.4.08 But Pertaining 1.10.07 to 31.03.08
CA. O.P. Agarwalla
(Expert)
18 September 2008
You may approach higher authorities, seeking their interferance.
You can also file one appeal.
Whether any opportunity of being heard was provided?
You can also file one appeal.
Whether any opportunity of being heard was provided?
CA Nitin Wadhwani
(Querist)
18 September 2008
Yes.
But I Need Some Documentary Evidence To This Effect.
But I Need Some Documentary Evidence To This Effect.
CA. O.P. Agarwalla
(Expert)
19 September 2008
No documentary evidences requred. The notification has not been given any retrospective effect.
The return was already belated before the new notification came.
Send the ball to the court of higher authorities, let them deny and give justifications of theri denial.
The return was already belated before the new notification came.
Send the ball to the court of higher authorities, let them deny and give justifications of theri denial.
CA. O.P. Agarwalla
(Expert)
19 September 2008
you may visit
https://www.stpam.org/str/April08/Recent_Amendment.htm
https://www.stpam.org/str/April08/Recent_Amendment.htm
CA. O.P. Agarwalla
(Expert)
19 September 2008
You may also visit;
https://www.citcindia.org/itr/May08/IndTx_STU.htm
https://www.citcindia.org/itr/May08/IndTx_STU.htm
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