Sec 47 – Levy of late fee

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Sec 47 – Levy of late fee 2017-04-14T14:55:00+00:00
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  • Ashish BadalaCA Ashish Badala
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    (1) Any registered person who fails to furnish the details of outward or inward supplies required under section 37 or section 38 or returns required under section 39 or section 45 by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees.
    (2) Any registered person who fails to furnish the return required under section 44 by the due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent. of his turnover in the State or Union territory.

    Priya MadrechaPriya Madrecha
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    47.1 Introduction
    This provision relates to levy of late fees on filing belated return.
    47.2 Analysis
    For late filing of return, the following late fee shall be levied:
    Defaulted Return     Late fee
    Details of Outward Supplies (Ref: Sec 37)      Rs. 100 per day of delay  Maximum Rs 5,000
    Details of Inward Supplies (Ref: Sec 39)     same as above
    Monthly Return (Ref: Sec 39)     same as above
    Final Return in case of cancellation of registration (Sec 45)      same as above
    Annual Return (Sec 44)       Rs 100 per day of delay
    Maximum = 0.25% on Turnover in
    the state/UT*
    * “turnover in State” or “turnover in Union territory” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter-State supplies of goods or services or both made from the State or Union territory by the said taxable person but excludes central tax, State tax, Union territory tax, integrated tax and cess
    Explanation. – Aggregate turnover does not include the value of inward supplies on which tax is payable by a person on reverse charge basis under sub-section 3 of Section 9 and the value of inward supplies
    Aggregate turnover = Total turnover – (input supplies for which tax paid under reverse charge + Central Tax + State Tax + UT Tax + Integrated Tax and Cess)

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