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Refund of gst penalty due to fire in factory

220 views 4 replies

AJM_India

Director

72 Points Joined July 2011

A massive fire in factory (Mumbai, MH) caused loss of all Accounting Data & Records due to which we had to file our GST returns almost 8-9 months later for the entire period of 10 months. Pire & Police FIR reports are available to justify.

We had to pay about Rs 1.50 lakhs of Late fees due to late filing (for 2 companies).

Can we claim refund of fees citing genuine reason for delay. Is there a provision.

FYI, in Maharashtra VAT we claimed and were granted 90% waiver of penalty due to late filing Annual Audit Report 704.

Replies (4)

Pankaj Rawat

GST Practitioner

55062 Points Joined June 2017

Contact to your Jurisdiction Tax Officer with all your requisite documents.
Yes your late fee can be waive off but reversal of ITC need to required as per section 17(5)

Uttam

employee

814 Points Joined August 2011

There is no direct provision providing waiver of late fee however as rightly mentioned by pankaj sir, you can try approaching yoir jurisdictional officer and request.

Yes, before approaching officer pls have analysis ITC on goods lost in fire if any vis-a-vis late fee.