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Avoid penalty

Tax queries 464 views 1 replies

Client has defaulted in payment of all taxes including income tax, vat, profession tax, epf, esi etc. Client was not able to attend his office and accountant defrauded the company for 8months beginning april and ran away with all the money. After a new accountant was appointed there was no money to pay the taxes. Hence the entire tax liability for AY2012-13 is pending. Assessee is ready to pay interest but how can we avoid penalty?

Replies (1)

Hi Aditi

 

You may move to appeal as per following manner to appropriate authority in the due course to avoid the proceedings of penalty provisions.

 

 

 
PROCEDURE FOR APPEAL AT A GLANCE


Particulars
246A
254
260A
261
 
 
 
 
 
Appellate Authority
CIT (A)
ITAT
Supreme Court
Supreme Court
Time limit for Appeal
30 days from the receipt of the order
60 days from the communication of the Order
120 days from the communication of the order of ITAT
90 days from the date of Order of Supreme Court
Time limit for disposal of Appeal
1 Year from the end of the FY
4 Year from the end of the FY
As per Court procedure
As per Court procedure
Application Form
35
36
As per Court procedure
As per Court procedure
Stamps to be affixed
0.50P
0.50P
As per Court procedure
As per Court procedure
Fees to be Paid
 
 
 
 
Returned Income upto Rs1 Lac
Rs 250
Rs 500
As per Court procedure
As per Court procedure
More than 1 lac upto Rs 2 Lac
Rs 500
Rs 1500
As per Court procedure
As per Court procedure
More than 2 lac
Rs 1000
1 % of income    (Max Rs 10,000)
As per Court procedure
As per Court procedure
Appeal for other than Income
Rs 250
Rs 500
As per Court procedure
As per Court procedure
Stay of Demand
Not Possible
Possible against order of CIT(A)
Possible
Possible
Recovery of Tax
No power to stay the recovery of Tax
Final order should be passed within 180 days from the stay order so passed
-
-
Minimum Tax to be paid for filling appeal
If Return is Filled: Tax due on Returned Income
If Return not Filled: At least the Advance tax payable
Rs 2,00,000/-
+ Question of Law
Rs 4,00,000/-
+ Question of Law
Rs 10,00,000/-
+ Question of Law

Thanks & Regards

Suraj pahuja

pahujasurajandassociates @ gmail.com


CCI Pro

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