GSTR 3B Late Fee
GSTR 3B Late fee has been waived for some months and reduced for some months by Govt. here are the compilation of Relevant Notifications on GSTR 3B late fee.
What is the late Fees for not filing GSTR 3B on due dates ?
GSTR 3B Late Fees for July 2017 to September 2017
The GSTR 3B late fee for the months of July 2017, August 2017 and September 2017 for late filing of FORM GSTR 3B has already been waived off vide Notification No. 28/2017-CT dated 1 st September 2017 and 50/2017-CT dated 24th October 2017. Thus you are not require to pay GSTR 3B late fees for July 2017, August 2017 and September 2017 .
GSTR 3B Late Fees for October 2017
The Govt has waived Late fees for the registered persons whose return in FORM GSTR-3B of the Central Goods and Services Tax Rules, 2017 for the month of October, 2017, was submitted but not filed on the common portal, after generation of the application reference number; [ Refer Notification No 41/2018 Central Tax : Late fee waiver for GSTR3B Dated 4th September 2018,]
GSTR 3B Late Fees for October 2017 onwards
For subsequent months, i.e. October 2017 onwards, [Notification No. 64/2017-CT dated 15th November 2017 ] :-
For a taxpayer whose tax liability for that month was “NIL‟, late fee will be Rs. 20/- per day (Rs. 10/- per day each under CGST & SGST Acts).
For other taxpayers, whose tax liability for that month was not “NIL‟, late fee payable will be Rs. 50/- per day (Rs. 25/- per day each under CGST & SGST Acts)
Section 128 CGST Act 2017 gives the power to the Government to waive late fees fully or partly. Thus GSTR 3B late fees has been waived fully for July 2017, August 2017 and September 2017 and partly for October 2017 onwards.
No GSTR 3B Late Fee if TRAN 1 Submitted not filed
Seeks to waive the late fee for FORM GSTR-3B from October, 2017 to April, 2018 if TRAN 1 submitted but not filed vide Notification No. 22 /2018 – Central Tax Dated the 14th May, 2018
Example on How to Calculate GSTR 3B Late Fees
For example, a Taxpayer has filed GSTR 3B for the month of January 2018 (due date 20th Feb 2018) on 23rd Feb 2018.
Amount of late fees to be paid:
Rs. 50 per day * 3 days = Rs. 150 (Rs. 75 CGST + Rs. 75 SGST)
If the above return was a return with ‘Zero’ tax liability then late fees will be:
Rs. 20 per day * 3 days = Rs. 60 (Rs. 30 CGST + Rs. 30 SGST)
Power of the Govt to impose Late fees for GSTR 3B return
Section 47 CGST Act 2017 deals with Levy of late fee and is covered in Chapter IX – Returns of CGST Act 2017 . As per this Section Late Fees for GST Return are
- All returns except Annual Returns: Rs. 200 per day (Rs. 100 CGST + Rs. 100 SGST) of default up to a maximum of Rs 5,000.
- Annual Returns: Rs. 200 per day (Rs. 100 CGST + Rs. 100 SGST) of default up to a maximum of 0.25% of Turnover in the State or Union territory.
Power of the Govt to reduce Late Fees under CGST Act
The Government may, by notification , waive in part or full, any penalty referred to in section 122 or section 123 or section 125 or any late fee referred to in section 47 for such class of taxpayers and under such mitigating circumstances as may be specified therein on the recommendations of the Council.
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