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