NON PAYMENT AND NON REGISTRATION MAHARASHTR PROFESSION TAX ACT

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V Ishu Hegde (Querist)
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10 February 2023 a regd. under profession tax as employer but not paid and filed the tax under maharashtra profession tax. what is the consequences with regard to interest and penalty?
what is the penalty for non registration under maharastra profession tax act?
is a commercial co.op society reqd to be registered under profession tax act in maharashtra?

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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09 July 2024 In Maharashtra, non-compliance with the Profession Tax Act can lead to penalties and consequences. Here’s a breakdown of the possible scenarios you mentioned:

1. **Non-payment and Non-filing of Profession Tax:**
- If a registered employer under the Maharashtra Profession Tax Act fails to pay and file the tax on time, they are liable for interest and penalties.
- **Interest**: Typically, interest is charged on the amount of tax due and unpaid, calculated from the due date of payment until the actual date of payment. The interest rate can vary based on the delay period.
- **Penalties**: Penalties may also be levied for late payment or non-payment of profession tax. The exact amount can vary depending on the delay and the specific provisions of the Profession Tax Act.

2. **Penalty for Non-registration:**
- If a commercial cooperative society is required to be registered under the Maharashtra Profession Tax Act but fails to do so, it may face penalties.
- The penalty for non-registration can include a fixed amount or a daily fine until registration compliance is fulfilled. Specific penalty amounts can vary based on the period of non-compliance and the nature of the entity.

3. **Requirement of Commercial Cooperative Society to Register:**
- Yes, typically, commercial cooperative societies are required to register under the Maharashtra Profession Tax Act if they employ persons falling under the scope of the Act.
- Employment in the context of profession tax includes individuals engaged in any profession, trade, or employment for which salary, wages, or other compensation is payable.

### Steps to Take:
- **Assessment**: Assess the liability for profession tax based on the number of employees and the applicable rates.
- **Registration and Compliance**: Ensure timely registration if required, and file returns regularly to avoid interest and penalties.
- **Consultation**: It’s advisable to consult with a tax advisor or a professional familiar with Maharashtra’s Profession Tax Act for specific guidance tailored to your situation.

Taking proactive steps to comply with profession tax regulations will help avoid financial penalties and legal repercussions.