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late filing fee for Nil return

Sampath Kumar P (Sr. Accountant) (24 Points)

17 August 2016

Do we need to pay late filing fee for Nil return ST3?

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Abhimanyu (CA) (316 Points)
Replied 17 August 2016

Dear Sampath,
Thanks for the query,
Rule 7C of STR,94 empowers the CG to levy max 20000 fees,
As per proviso to said rule CEO has the power to reduce or waive the penalty, on being satisfied that there were sufficient reason for non filing.
Thus, it is upto the CEO to waive the penalty, you may request in writing with reasons to waive penalty.
Once we filed a return without penalty and it was a 30 days delay, but that time was diff. since it was the first return after Neg. list introduction. we never received any demand for penalty in that case, and few others which were delayed but 5 days or so,
so I think you may file the return with late fees and if CEO raises demand, you may request in writing to waive the same with reason which should be sufficient.

Hope it helps to answer your issue,
For any further issue plz revert,

Thanks,
Abhimanyu