ST 3 Return

This query is : Resolved

shweta (Querist)
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05 December 2010 Return filed has been rejected by aces online.
Now will we be allowed again to file original return even after due date or we will have to pay penalty & then file return online ???

Thanx

BHAI(SAI) DUPARE

BHAI(SAI) DUPARE (Expert)
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06 December 2010 you have option to revised before 90 days.

CA Arvind Singh Chawla

CA Arvind Singh Chawla (Expert)
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06 December 2010 there is no need to pay penalty first.

In fact it is not "penalty" but "late fee" in the law

Further it is clarified by DGST that same need not be paid before filing return.

Lastly as the original return is not filed, there cannot be a revision

Hitender Gaur

Hitender Gaur (Expert)
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06 December 2010 You sholud file your original return with late fee, if you have subsiquent instrumentment in support of your claim rejected by aces online, you can put your excuse before concern authority.

Suresh Ramaswamy

Suresh Ramaswamy (Expert)
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08 December 2010 The Department insists that in all cases of delay, late fees be paid and the challan submitted along with the belated return, inspite of DGST instructions to the contrary.

Since no return has been filed, what is being filed will be a belated return. Without knowing the reason for rejection by ACES, it is not posiible to advice whether an e-return should be filed or an application for permission can be made for filing a physical return along with a copy of the return (ST-3).

As opined by Mr. Gaur, if there is evidence of ACES rejection of your e-return, you can plead for waiver of the late fee and as made clear by Mr.Chawla, there is no question of filing a revised return as the original returned was never filed.

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