Late fee due to fraud

[Gurpreet Singh]

I need help.i had take registration in exise on December 2014 .i had purchased a machine on march 2014.that means before 9 months of registration.but my c.a has done one fraud with me he gave me fraud ecknolegment.due to this exise make a penalty on me.but they are not giving me input of this machine.please guide me how can i take this input.and aslo help me how my penalty can waveoff.

[KASTURI SETHI]

You can not be penalized for fraud committed by another person. You must have evidence. You can file appeal against the order. There is a case law on this issue in your favour.

[Gurpreet Singh]

Dear sir thank you very much for reply me.

I have all proof on my mail.he mail me all ecknolegment on my mail id.In first quarter the tax was 56 rs and all other 3 quater all returns was nill.Excise department tell me after 1 year of this issue.Then i filled immediately.

I had applied in commissioner.they give me waveof or rs 4000 for first quarter.but for three quarters penalty is same.Now i am going in turbine R.K puram delhi.

Please help me how penalty can waveoff and how i will take input of my machine bill.

[KASTURI SETHI]

You should have taken 50% credit on that machine within one year from the date of invoice i.e. before the end of March, 2015. If you have not taken credit by that date, now it is not admissible, whatever may be the background. However, you can get relief from Tribunal for waiver of penalty because of absence of mala fide intention on your part.

[DR.MARIAPPAN GOVINDARAJAN]

What is the fraud committed by your Chartered Accountant. The case may be elaborately given please.

[YAGAY and SUN]

You may also report this matter to ICAI.

AI Summary

Input tax credit timeliness: late claims may be inadmissible but penalty waiver possible for absence of mala fide intent.
The taxpayer's delayed claim for input credit on a pre registration machine is barred if not taken within the one year period from the invoice date; the credit is therefore inadmissible after that statutory window. Relief against penalties may still be sought by appeal and tribunal proceedings, with potential waiver of penalty where absence of mala fide intention is demonstrated and documentary evidence shows the fraud was committed by another professional.