Prerna V. Dharurkar (article assistant) (35 Points)
26 February 2013Sir/ Madam,
One of our client has not received C form for the F.Y.2008-09 and we have also received VAT Scrutiny notice for the same period. The Officer has advised us to pay interest till date and also 100% penalty. Are we really liable to pay penalty? And if yes why?
Kindly reply to the query asap.
Prerna V. Dharurkar
(article assistant)
(35 Points)
Replied 26 February 2013
| Originally posted by : GANESHAN | ||
 |
penalty cannot be paid until and unless order is passed. you should produce require documents before STO. |
 |
STO has instructed us to pay the penalty u/s.29(c). We are not getting any information related to this section. Kindly help.
Section 29(9)(C) : Filing of a return, which is not incomplete and self-consistent
Important characteristics
* This penalty can be imposed on a dealer
* There is no mention about the word 'person'
* Recourse of Rule 20 of the MVAT Rules, 2005, may be taken which defines what is 'complete and self-consistent.
* 'Hearing' is must before imposition of a penalty under this sub-section
* Writing order is must
* This penalty is discretionary in nature
Quantum of penalty
* Rs.1000/- per return
* This penalty is without prejudice to any other penalty, which may be imposed under the Act.
CAclubindia
