Levy of Penalty

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CA Nitin Wadhwani (Querist)
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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?

Taxguy

Taxguy (Expert)
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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

CA Nitin Wadhwani (Querist)
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15 September 2008 Plz Read The Question Carefully.
This is Not an Answer To My Question.

CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)
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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

CA Nitin Wadhwani (Querist)
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16 September 2008 I Have read The Notification.
But there is No Specific Mentioning of its interpretation.

CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)
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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

CA Nitin Wadhwani (Querist)
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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

CA. O.P. Agarwalla (Expert)
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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?

CA Nitin Wadhwani

CA Nitin Wadhwani (Querist)
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18 September 2008 Yes.
But I Need Some Documentary Evidence To This Effect.

CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)
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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.

CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)
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19 September 2008 you may visit
https://www.stpam.org/str/April08/Recent_Amendment.htm

CA. O.P. Agarwalla

CA. O.P. Agarwalla (Expert)
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19 September 2008 You may also visit;
https://www.citcindia.org/itr/May08/IndTx_STU.htm

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