Non Filing of Return
This query is : Resolved
22 October 2009
What is the penalty for non-filing of DVAT Return for past 2 years? Can we adjust input credit of VAT available with the penalty amount?
CA SANJAY MUKHERJEE
(Expert)
26 October 2009
Section 86 [(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.
I think input credit can't be adjusted against penalty.
(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.
I think input credit can't be adjusted against penalty.
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