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TMI BlogPenalty under section 125X X X X Extracts X X X X X X X X Extracts X X X X ..... Sir. Can both , penalty and late fee imposed on late filing of GSTR-9 ? is there any notification or case law to rely for any waiver. kindly refer - Reply By vignesh VSACCOUNTOPRIVATELIMITED - The Reply = sir/mdm. In continuation to the above, kindly clarrify. 1.Can both , penalty and late fee imposed on late filing of GSTR-9 ? 2. is Section 125 levy at the discretion of the officer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ? 3. Does section 126 relating to General disciplines related to penalty covers section 125 , can we take advantage of the same?. - Reply By KASTURI SETHI - The Reply = Query-wise reply : 1. Late fee is also a kind of punishment (penalty/fine). An assessee cannot be punished twice for the SAME offence. However, the provision of late fee motivates a person to be in time. 2. See the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... language of Section 125 --------- -may extend to twenty five thousand rupees It means maximum penalty is 25,000/- and minimum amount of penalty depends upon the degree of gravity of offence. He cannot go beyond Rs.25,000/- but below Rs.25,000/- is his discretion. 3. No. Both are exclusive. - Reply By vignesh VSACCOUNTOPRIVATELIMITED - The Reply = Thank u Guruji for the reply - Reply By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... KASTURI SETHI - The Reply = Dear Vignesh Ji, Have you received SCN on this issue ? If so, you may please post relevant contents here. - Reply By KASTURI SETHI - The Reply = In continuation to my replies, in my view penalty cannot be imposed for late filing Annual Return with late fee but penalty can be imposed under Section 125 for NOT filing Annual Return. - Reply By vig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nesh VSACCOUNTOPRIVATELIMITED - The Reply = Content of notice - Please note that as per section 47 of the TNGST Act 2017 , a late fee of two hundred rupees ( Rs 100 CGST and Rs. 100 SGST) is liable to pay for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent of turnover in the State. Apart from the above late fee , a general pen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... alty under section 125 of the TN GST Act 2017 is liable to pay which may extend to fifty thousand rupees (Rs. 25000/- -CGST and Rs. 25000 SGST) will also be levied . - Reply By KASTURI SETHI - The Reply = This is neither the intention of the legislature nor the Govt. I am firm . You must fight the case . I suggest you to try to trace out the case law on the issue pertaining to pre-GST er ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a. I remember very well that during Central Excise era such case was dropped by CESTAT. Must try. - Penalty under section 125 - Query Started By: - vignesh VSACCOUNTOPRIVATELIMITED Dated:- 22-12-2022 Goods and Services Tax - GST - Got 7 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... axmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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