Akshay Singhal (2 Points)
04 February 2017I have a factory which was completely shut down for a few years during the period I have not done any production nor I have filed the return for the same period
I have now received a SCN for the levy of penalty
Is there any benefit available for me which leaves me from filing of return if my factory was shut down
Regards
Akshay singhal
Nagendra Hegde
(Chartered Accountant)
(1948 Points)
Replied 04 February 2017
Return filing is mandatory as far as your registration is active.
Though there is no relief in act/rules, you could seek the concenred officer to drop the proceedings as there was no duty liability at all.
As per geneal principle of any tax law, the penalty can not exceed the tax/duty liability
There are some case laws in your favour too.
Niraj Kumar Sinha
(Sr. Officer, SPSIL)
(648 Points)
Replied 11 February 2017
Penalty can not be imposed if duty payable is NIL.
So please conveince your excise officers and file return now.
25 Hours GST Scrutiny of Return and Notice Handling(With Recording)
Survey, Search and Seizure under Income Tax Act 1961
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