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kumar agnivesh (ss)     23 May 2021

Representative assesse liablity for penalty

My father in law died before the last date of getting his account audited in 2020. My wife now want to file his return as representative assesse. Will she be liable to pay penalty of 1.5 lac for not getting accounts audited. As my father in law business turnover was 2.9 crore. But profit was only 7 lacs. As the actual work was job work. But due to gst was shown as purchase and sales. 

Are there any remedy. Please help.

 4 Replies

Sivaramaraju G

Sivaramaraju G (Learner)     23 May 2021

Normally penalty will be applicable for late filing of audit report.

if your father in law is sole property then he will be the person in charge of accounts.

if person in charge of accounts died penalty can be waived off as per law.

I think while uploading audit report, upload the death certificate of the assessee.(it's my opinion, I did not face this kind of situation).

Sourav (Student)     23 May 2021

Yes agree with above
veerendar singh

veerendar singh (tax consultant)     23 May 2021

You do not need to worry about the penalty at all.
it is imposed at the discretion of AO at a later stage. at that time you can give your honest justification
Pooja Yagnik

Pooja Yagnik (Consultant)     26 May 2021

Don't worry about penalty

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