Photocopy of register of transfers [Resolved]

This query is : Resolved

yashsr (Querist)

28 April 2012 Hello,

What is the penalty for late filing of Maharashtra VAT Return? And is the penalty mandatory or at the discretion of the AO?

Himani Shah

Himani Shah (Querist)

28 April 2012 Dear Sir,.

1 of the shareholder of a PVT LTD CO needs photocopy of the whole Register of Transfers. Can it be given?

Kindly mention the provision of Companies Act which govern this matter.

Kindly reply at the earliest.

Thanks & Regards,
Himani

CA CS Pawan Jajoo

CA CS Pawan Jajoo (Expert)

28 April 2012 panalty is Rs.5000/- each for VAT and CST and its mandatory

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yashsr

yashsr (Querist)

28 April 2012 I heard there was a very recent case between STP and the Sales Tax Dept regarding making this penalty as 'discretion of the AO'. Do you have any insights?

Nilesh Shah

Nilesh Shah (Expert)

28 April 2012 Register of members is dealt with in Section 150 of The Companies Act,1956.

Inspection of the Register of Members is dealt with in Section 163.

Nilesh Shah

Prakash Kochar

Prakash Kochar (Expert)

29 April 2012 Under Mah. VAT, From o1-07-2009 , penalty for non filling or late filling of return is Rs. 5000/-. There is no discretion to STO to levy or not to levy or for quantum of amount. Order is non appeal able {sect. 85(2)}. Penalty is mandatory under provisions.
Writ petitions were filed in Bombay High court challenging that sect. 29(8) ultra vires the constitution and order is not appeallable.Hon’ble High Court passed the order (Sanjay Dresses W.P. 1705 of 2009 dated 6-8-2010 and Ravindra Udyog W.P.1214 of 2010 dated 6-8-2010), It was opined that, penalty order passed without hearing is bad in law, other issues are still open for decision.

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