14 December 2016
dear expert pls. guide for not filing of mvat return from year 2013 and vat no is cancelled now how to get activate again how to appeal for not charging penalty. since there was loss in tht year party didnt paid the billed amount.
14 December 2016
case is need to be represented at department to get genuine relief and to comply the same.
u can contact us with further details :
rnjeswanibc785@gmail.com
9923179548.
04 August 2024
To address the issue of not filing VAT returns and dealing with a cancelled VAT registration, you need to take several steps to rectify the situation and possibly appeal for a waiver of penalties. Here’s a structured approach:
### **1. Understanding the Situation**
1. **VAT Registration Cancellation:** - If your VAT registration has been cancelled, it means that you are no longer authorized to collect or pay VAT, and your company’s VAT compliance obligations are deemed as non-compliant for the period before cancellation.
2. **Unfiled VAT Returns:** - Not filing VAT returns can lead to penalties, interest, and issues with the tax authorities.
3. **Losses and Unpaid Bills:** - If there was a genuine loss and bills were unpaid, this should be clearly communicated to the authorities.
### **2. Steps to Rectify the Situation**
#### **A. Reactivate VAT Registration**
1. **Contact VAT Authorities:** - **Regional VAT Office:** Visit or contact your local VAT office to inquire about the process for reactivating your VAT registration. Each state may have specific procedures.
2. **Application for Reactivation:** - **Reactivation Application:** You may need to submit an application for reactivation along with necessary documentation, such as a detailed explanation of the reasons for cancellation and evidence of current compliance.
3. **Update Details:** - **Submit Pending Returns:** Prepare and file all pending VAT returns for the period in question. This includes both the returns you missed and the returns up to the current date.
#### **B. Appeal for Waiver of Penalties**
1. **Prepare an Appeal:** - **Draft an Appeal:** Prepare a detailed appeal letter explaining the circumstances of non-filing. Include reasons such as business loss, unpaid bills, and any other relevant details.
2. **Submit Appeal:** - **Formal Submission:** Submit the appeal letter along with supporting documents to the VAT authorities. This can typically be done in person or through an online portal if available.
3. **Supporting Documents:** - **Documentation:** Attach proof of business loss, unpaid invoices, and any communications or evidence that supports your claim of inability to file returns on time.
#### **C. Compliance and Future Actions**
1. **Ensure Compliance:** - **File Returns Regularly:** Once reactivated, ensure that all future VAT returns are filed on time to avoid further penalties.
2. **Maintain Records:** - **Keep Accurate Records:** Maintain accurate records of all transactions and returns to ensure compliance and facilitate any future audits.
3. **Consult a Professional:** - **Tax Consultant:** It’s advisable to consult with a tax professional or VAT consultant who can guide you through the process of reactivation, filing pending returns, and appealing for a waiver.
### **Sample Appeal Letter for Penalty Waiver**
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**Subject:** Appeal for Waiver of Penalty and Reactivation of VAT Registration
**Dear [VAT Authority/Officer's Name],**
I am writing to request the reactivation of our VAT registration and to appeal for a waiver of penalties due to non-filing of VAT returns for the period from [Year] to [Year].
Our VAT registration was cancelled, and we have not filed the returns for the aforementioned period due to significant business losses and unpaid bills. We understand the importance of compliance and have taken steps to address the situation.
**Reasons for Non-Filing:** - **Business Losses:** [Provide details about the losses] - **Unpaid Bills:** [Provide details about the unpaid bills]
We have since rectified the situation and are prepared to file all pending returns and comply with current VAT requirements. We kindly request your consideration in waiving the penalties associated with this period.
Please find attached the necessary documents and proof of business losses.
Thank you for your understanding and consideration.
- **Regular Follow-up:** Follow up with the VAT authorities after submitting your appeal to ensure it is being processed. - **Documentation:** Keep copies of all correspondence and documents submitted.
By taking these steps, you can work towards reactivating your VAT registration and addressing the penalties for non-filing in a structured manner.
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