DEAR ALL,
IN WEST BENGAL WE HAVE PAID INTEREST (QUARTERLY) & LATE FEES FOR FILING OF PROFESSIONAL TAX RETURN FOR 2012-13.
(LAST YEAR PAYMENT LIABILITY WAS NIL - SO FREQUENCY OF FILING RETURN = YEARLY)
IN ADDITION TO THAT ASSESSING OFFICER IS DEMANDING PENALTY OF RS. 500 PER QURTER I.E. RS. 2000/-.
KINDLY GIVE ME DETAILS OF PENALTY LEVIABLE FOR THE SAID RETURN
THANKS IN ADVANCE
Under Rule 12 (3), Every registered employer, who is required to furnish return according to the sub-rule (1), shall-
(a) pay into the appropriate Government Treasury under the appropriate challan the amount of tax payable according to his accounts for each of first eleven months of such year within twenty-one days from the expiry of each month; and
(b) pay into the appropriate Government Treasury under the appropriate challan the balance amount of tax which remains after deducting the amount of tax paid for the first eleven months as referred to in clause (a) from the total amount of tax payable according to the return for such year before furnishing such return;
(c) pay into the appropriate Government Treasury under the appropriate challan showing separately the amount of late fee of rupees two hundred for the first English Calendar month or part thereof delay in furnishing return relating to period commencing on or after the first day of April, 2010 and rupees one hundred for every subsequent English Calender month or part thereof delay in furnishing such return, due according to the return for such year before furnishing such return by him.
Also under section 10 of the act, If an enrolled person or a registered employer fails, without reasonable cause, to make payment of any amount of tax within the time or date specified in the notice of demand, the prescribed authority may, after giving him a reasonable opportunity of being heard, impose upon him a penalty not exceeding fifty per centum of the amount of tax due:
Provided that no penalty shall be imposed under this section upon a person who has paid the tax due from him under this Act in accordance with the provisions of section 9A:
Provided further that where a registered employer being a company, fails to make payment of tax under this section, any director, manager, secretary, or other officer of such company who was in charge of, and responsible to, the company for the conduct of business of such company and knowingly concerned with such non-payment of tax, shall be equally liable for the said penalty.
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