Late fee shall be levied on the late filing of GST returns as per Central Goods and Services Act (CGST Act).
Chapter IX of CGST Act prescribes the due date of furnishing different GST returns. In case, GST returns are not furnished within the time limit, late fees shall be levied on it.
The due date of furnishing the GSTR 1 is tenth day of the month succeeding the said tax period. If a registered person furnished the GSTR 1 after 10thof next month, then such person shall be liable to pay a penalty of two hundred rupees for delay of each day.
Revised Late Fee Rates:
The government has reduced the rates of late fees on late filing of GSTR-1, GSTR-3B (October 2017 onwards), GSTR-4, GSTR-5, GSTR-5A and GSTR6 by way of different notifications.
Currently, for the aforesaid returns, the late fees for filing the normal return is 50 rupees for each day of delay and for nil return, it is 20 rupees per day.
For example: A taxpayer has filed GSTR 3B of November 2018, on 29th of December, whose due date is 20th December.
Such taxpayer shall be liable for late fees of Rs. 180 (Rs. 20 per day*9 days).
It is to be noted that, in the GST Portal, late fees for a month is added in the return of subsequent month.
In the aforesaid example, the late fees of Rs. 180 for November 2018 return will be added in the return of subsequent month i.e. in GSTR 3B of December, 2018.
Recommendation made in 31st Council Meeting:
In the recent 31st Council Meeting, GST Council has recommended that late fees shall be completely waived for all taxpayers in case of GSTR-1, GSTR 3B & GSTR-4 return for the months/quarters July, 2017 to September, 2018, if these returns are furnished after 22.12.2018 but on or before 31.03.2019.
[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)] Government of India Ministry of Finance (Department of Revenue) Central Board of Indirect Taxes and Customs
Notification No. 77/2018 – Central Tax New Delhi, the 31st December, 2018 G.S.R.....(E),– In exercise of the powers conferred by section 128 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance, Department of Revenue No. 73/2017– Central Tax, dated the 29th December, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide number G.S.R.1600(E), dated the 29th December, 2017, namely:–
In the said notification, after the first proviso, the following proviso shall be inserted, namely:–
“Provided further the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the return in FORM GSTR-4 for the quarters from July, 2017 to September, 2018 by the due date but furnishes the said return between the period from 22nd December, 2018 to 31st March, 2019.”.
[F.No.20/06/16/2018-GST]
(Dr. Sreeparvathy S.L.) Under Secretary to the Government of India
Note:- The principal notification No. 73/2017-Central Tax, dated the 29th December, 2017 was published in the Gazette of India, Extraordinary, vide number G.S.R. 1600 (E), dated the 29th December, 2017.
Notification No. 77/2018 – Central Tax New Delhi, the 31st December, 2018 G.S.R.....(E),– In exercise of the powers conferred by section 128 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following amendments in the notification of the Government of India, in the Ministry of Finance, Department of Revenue No. 73/2017– Central Tax, dated the 29th December, 2017, published in the Gazette of India, Extraordinary, Part II, Section 3, Subsection (i) vide number G.S.R.1600(E), dated the 29th December, 2017, namely:–
In the said notification, after the first proviso, the following proviso shall be inserted, namely:–
“Provided further the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the return in FORM GSTR-4 for the quarters from July, 2017 to September, 2018 by the due date but furnishes the said return between the period from 22nd December, 2018 to 31st March, 2019.”.
[F.No.20/06/16/2018-GST]
(Dr. Sreeparvathy S.L.) Under Secretary to the Government of India
Note:- The principal notification No. 73/2017-Central Tax, dated the 29th December, 2017 was published in the Gazette of India, Extraordinary, vide number G.S.R. 1600 (E), dated the 29th December, 2017.
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