Delayed filing in case of tax audit

ITR 1030 views 4 replies

 

Hi,
 
Iam the Proprietor of a small company (5~7 people) and have been filing returns from FY05~06 onwards.
 
In FY08~09 my turnover touched 48Lacs and had to undergo a tax audit.
 
My IT returns have been filed upto FY09~10. <<<all well so far>>>
 
 
Due to reasons of being busy with product developments, project work and travelling, I could not pay much attention to filing my ITR (FY10~11 and 11~12), neither could my CA for want of complete data.
 
Since July this year, I have been continuously following up with my CA, furnished all balance data, cleared all suspense accounts to prepare for filing my ITR with interest and a "nominal" penalty for delayed filing
 
After preparing my balance sheet, we realised this is again a tax audit case (turnover approx. 65lacs) and my CA explains that this attracts a penalty of atleast 1 lac or more depending on the officer... which came as a rude shock to me.
 
At this juncture, I have the following thoughts...
 
1. In the first place, I am an engineer and not a Tax specialist/accountant/lawyer, in which case I would've known the Indian legal/tax laws fairly well (and not got into trouble so easily)
 
2. Genuinely, I was never aware that the penalty could be so high (I felt it like a "punishment for crime" committed) and no one told me about this so far...
 
3. This is my first time that I have offended the IT dept. (by delaying the ITR)... isn't there a provision, legal /or otherwise for pardoning/or reducing the penalty to a lesser amount?
 
4. I agree that if I repeat the "offence" in the future, I can be categorized as a repeat offender, and then they can hold me 100% responsible.
 
5. Is it worth talking to an IT officer about my case and asking for a pardon?
 
Pls advise...
 
Thank you for your kind reply,

 

Replies (4)

your CA only can help you in this regard. ask for help from him, he can be able to short out some ways if possible.

Thx for your reply...

But I need to know if the penalty facts are true and...

whether there is any provision to waive off the penalty amount in part or full (with a warning), as I have defaulted only the first time

rules are rules, however your CA works as a legal guardian for you, and he will try his best possible to save you if asked for.

govt rules and acts does not work on sentiments or mercy, they will hedge only if found you voilating any rule.

ask your CA to trace out the possibility to reduce your turnover ( if possible) to non audit catagory) and if its done then you are saved. but this can be done only by your CA after verification of banking transactions and various returns submitted to other departments which display your turnover. 

Thanks!


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