Hello Auditor

What are the consequences of non-filing of professional tax returns?

Levy of Penalty

  • A fixed penalty is imposed for failing to file professional tax returns on time.
  • The amount varies by state, typically ranging from ₹300 to ₹1,000 per return.
  • Penalty continues to increase with the duration of the delay.
  • In some cases, additional daily fines may be levied for prolonged non-compliance.
  • Penalty is charged even if the tax has already been paid, but the return is not filed.

Accrual of Interest on Outstanding Tax

  • Interest is charged on the unpaid or unreported professional tax amount.
  • Most states charge between 1% and 2% interest per month on the due amount.
  • Interest is calculated from the original due date until the tax is paid.
  • It applies even if the return is delayed, but tax was deducted.
  • The longer the delay, the higher the interest burden.

Legal Notices and Recovery Proceedings

  • Tax authorities may issue notices for default in return filing.
  • Recovery action can be initiated against employers or self-employed individuals.
  • Business bank accounts may be frozen until compliance is completed.
  • Repeated non-filing may lead to prosecution under state laws.
  • Defaulting entities may be marked for audit or inspection.

Suspension or Cancellation of Registration

  • Persistent non-filing can result in the suspension of the professional tax registration.
  • Once suspended, the entity cannot legally deduct or pay professional tax.
  • Reinstating registration requires full payment of outstanding dues and penalties.
  • Entities may also be required to submit additional documents during reactivation.
  • Suspension affects compliance with other government licenses and approvals.

Impact on Business and Licensing Activities

  • Professional tax returns are often required for trade license renewal.
  • Government departments may deny permissions or contracts to defaulters.
  • Non-filing reflects poor compliance and may damage a business’s reputation.
  • Clearance certificates will not be issued until filings are up to date.
  • Maintaining consistent return filing helps ensure uninterrupted operations.

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