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St3 penalty.

498akadushman (Software Engineer) (92 Points)

22 July 2012

If an assessee has not filed ST-3 return for 4 years, what will be the penalty for non submission of ST3 return for periods when penalty used to be 2000 Rs. As now it has been increased to 20000.

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3 Replies

Ajit kumar Dubey (Taxation Manager) (637 Points)
Replied 23 July 2012

Rs 20000 is the maximum amount of late filing fees for delay in filing of the returns. It is not the penalty, penalty can be upto Rs 10000/- for the each default in submission of the return. Yes you will be required to pay the late fees as per the latest amendment applicable in this regard, which is upto Rs 20000/- for delay in filing of ST3.

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498akadushman (Software Engineer) (92 Points)
Replied 23 July 2012

Thanks Ajit,

Just to clarify..Is this amendment retrospective?

So, does it mean now one has to pay late fees of 20000 even for the ST3 not filed in year 2008?

Do we need to pay 20000 for all defaults or 20000 for each default?

Rohan (Consultant) (91 Points)
Replied 24 July 2012

Take into consideration the below grounds.

1) Department can impose penalty under Section 77, Contravenation of Provision which was limited to 5000 uptill 8th April 2011, now its 10000.

2) What department is contending is not Penalty, its actually fees for late filing of Return which was Rs1000 till 10-05-07, Rs 2000 from 11-5-07 to 07-04-2011 & after 07-04-2011 its Rs. 20000. Department can't impose late filing fees of Rs. 20000 for all the returns retrospectively. As Fees and Penalty are imposed or proposed at the point of default and at the prevaling provision regarding fees and Penalty.

Hence, default in your case happened at multiple points ie the date of filing returns, and therefore penaly shall be imposed, if any, shall be according to that default point.

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