Penalty under rule 27 of c.e. rules, 2002

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

24 May 2013 DEAR SENIORS,

THERE IS A DOUBT TO ME REGARDING GENERAL PENALTY UNDER RULE 27 OF C.E. RULES, 2002, WHICH PROVIDES MAXIMUM PENALTY OF Rs. 5,000/-.

ONE OF MY CLIENTS COULD FILE DELAYED THEIR RETURNS i.e. ONE ER-4, ONE ER-5, ONE ER-7 AND FIVE ER-6 (TOTAL EIGHT RETURNS WERE DELAYED). CONSEQUENTLY, A SHOW CAUSE NOTICE ISSUED BY THE SUPERINTENDENT HAS BEEN SERVED TO THEM IMPOSING PENALTY UNDER RULE 27 OF C.E. RULES, 2002.

MY QUESTION IS WHETHER PENALTY MUST BE IMPOSED Rs. 5,000/= ONLY FOR SINGLE S.C.N. OR CAN BE IMPOSED RS. 40,000/= FOR TOTAL EIGHT DELAYED RETURNS; @ 5,000/= FOR EACH DELAYED RETURN.

KINDLY GIVE YOUR EXPERT OPINION WITH RULINGS OR CIRCULAR, AS SOON AS POSSIBLE.

THANKS A LOT IN ADVANCE.

C A S.S.Agarwal, M.Com.,LL.B,

C A S.S.Agarwal, M.Com.,LL.B, (Expert)
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13 July 2013 RULE 27. General penalty. — A breach of these rules shall, where no other penalty is provided herein or in the Act, be punishable with a penalty which may extend to five thousand rupees and with confiscation of the goods in respect of which the offence is committed.

This penalty for non filing of return or delay in filing of return is to be levied on each default.