Section 47(2) provides that in case of failure to submit the annual return within the specified time, a late … Rs. Over and above the interest on late payment, there is a penalty if you are not filing the GST returns on time. Late fees for GSTR-1 is Rs. ClearTax serves 2.5+ Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India. 1. The principles on which these penalties are based are also mentioned by law. The late … Use ClearTax GST Software and never miss a deadline. In such a case, you as an offender shall be liable to pay a penalty which is higher of: Secondly, for any reason of fraud or willful misstatement or suppression of facts to evade tax. Author does not accept any liability for  any loss or damage of any kind  arising out of this information set out in the article and any action taken based thereon. From 1 April 2018, the late submission penalty of $200 is imposed immediately once the GST return is not filed before the due date. Accordingly, such offences occur if as a taxable person ; Following offences relate to section 122 (1)(xiv) and 122 (1)(xviii) respectively. SOP for Non-filers of GST Returns The Central Board of Indirect Taxes and Customs (CBIC) is recently issued the Standard Operating Procedures (SOP) to deal with the Non-Filers of GST Returns wide Circular No. Such a penalty cannot exceed Rs 5,000. Furthermore, it also includes cases where you do not attend summons or produce documents. j. All Rights Reserved. A taxpayer has to pay a total of INR 200 that consists of INR 100 under CGST and … This means that in any case, the maximum late fees that can be charged by the Government is Rs 5,000 each return being filed under the Act. The late fee would be Rs.75 under CGST and Rs.75 under SGST. And you are supposed to give evidence or produce any document in such an inquiry. In case the person is unable to provide the … These provisions refer to you as a registered person if you supply goods or services on which: Hence, if you are such a supplier who makes a supply for any of the following two reasons, the penalties attached would be levied. The CBIC has notified the due dates applicable, with regard to interest and late fees for filing GSTR-3B. GST late filing is calculated using the formula "(Days delayed x 50)" for each head of tax. The GST late filing penalty has been specified as follows: A person fails to furnish details of outward or inward supplies, monthly return or final return by the due date – The GST penalty for late … Linkedin. The GST late fees calculator will help you to calculate your late fees under GST. This can be termed an overdue fine. Either fail to furnish information or documents called for by an officer. Such a punishment varies depending on the amount of tax evaded or seriousness of the offence as listed below. Rs. Telegram. The GST Council on Friday decided to reduce the late fee on the filing of GSTR-3B returns for the period between July 2017 and January 2020. Hi I my friend haven t filed Form ITC 04 since July 2017 So can he file all of them now or is it okay to not file at all I read FM has waived off ITC 04 till March 2019 So is it okay to file from April 2019 And need some light on penalty intrest or late fee Regards Abhishek - GST In that case, a late fee will apply from the due date until the actual date of filing. ClearTax can also help you in getting your business registered for Goods & Services Tax Law. Offences and Penalties Under Sub-Section 3. Following offence relates to section 122 (2). GST Penalty in this case gets reduced to 10% of tax involved, subject to a minimum of ten thousand rupees. However, CBIC has notified reduced late fees for … As per GST law, every … Such offences will entail an imprisonment term of not less than 6 months. If not, then interest is charged in a staggered manner as given above plus interest at 18% p.a. 4/2018–Central Tax dated 23.01.2018. on failure to furnish the details of outward supplies for any month/quarter in FORM GSTR-1 by the due date under section 47 of the said Act : Rs 25 per day under CGST Act … You will be charged a maximum penalty of Rs. And the punishment for such an offence involves either imprisonment or fine or both. Penalties for employment information. CAs, experts and businesses can get GST ready with ClearTax GST software & certification course. 100 for SGST) per day. Would you please don't just tell me that your account will take care of it. As per the GST Acts, for intra-state supplies, the late fee should be paid under both the CGST and SGST Act as follows: The law has fixed a maximum late fees of Rs 5,000. Accordingly, such offences occur if as a taxable person, you: Following offences relate to section 122 (1)(xi), 122 (1)(xvi) and 122 (1)(xvii) respectively. A prescribed late fees will be charged per each day of delay, when a GST Registered business misses filing GST Returns within the prescribed due dates*. Article explains about Late Fee for delayed or non filing of GST Return, Interest for Late Payment of GST, Types of Offences under GST  and Penalty for Certain Offences under GST. A nil GSTR-3B can be filed via SMS using the registered mobile number and OTP verification. Supplying goods or services or both without the cover of invoice. These offences deal with the situations where you are not directly involved in tax evasion. Introduction: While computing Profit and gains from business or profession, there is a certain expenditure that is disallowed which means the IT department does not allow the benefit of such expenses, and the assessees are required to pay taxes on such expenditures by adding them … l. Attempting or abetting the commission of any of the offences mentioned above. The late fee will depend upon the number of days of delay from the due date. d. Collecting taxes without any payment to the government for a period exceeding 3 months from due date. a) If GST liability is Nil, and the GSTR-3B return is filed between 1st July, 2020 and 30th September, 2020, then the amount of late fees stands waived. Suppress your turnover leading to evasion of tax. … Late Fees and Penalty for GSTR 4. Offence in general means a breach of Law or Act or any illegal act and penalty is defined as the punishment for committing an offence. CA Ankit Gulgulia (Jain) - October 31, 2018. The due date for filing GSTR-3B is 20 th of the following month for which the return is being filed. The CBIC has notified the date of applicability as 8th June 2020, from which nil returns can be filed through SMS. These penalty rates do not apply for child support. Offence due to either fraud or any wilful misstatement or suppression of … Furnish invoice or document using the registration number of another registered person. Offences attracting prosecution, on the other hand, are judicial in nature. Accordingly, such offences originate if as a taxable person; Following offences relate to section 122 (1)(vii) and 122 (1)(ix) respectively. In such scenario, a question arises whether he has to file GST returns for that period or not. The GST late filing penalties are as follows-If a person fails to provide details ; The penalty for late filing is INR 100 for each day till the details get furnished in case the person fails to provide details related to inward or outward supply, monthly or annual return by the due date. In the view of providing relaxations to the GST Taxpayers, the government decided to surpass the maximum late fee of Rs.500 for the form GSTR-3B for the tax period July 2017- July 2020. Efficient tax administration helps and encourages businesses to become compliant. GSTR 9/9A … 20/day i.e. GST return cannot be filed without the payment of the Late fee. Home Free WhatsApp Updates Services Subscription Plans Login Subscription Plans TM TaxReply India Private Limited 8130462634 (Send message for GST updates on whatsapp) GST Library Taxreply tweets About GST Library GST News GST Calender New. 36/2020 dated 3rd Apr 2020. In such cases, where taxpayers do not file their returns within specified due dates mentioned, he is obliged to pay a late fee of Rs. Section 125 of the CGST Act, 2017, deals with such cases where no separate penalty is prescribed under the Act or Rules. Provided the value of supply under the contract exceeds Rs 2.50 Lakhs. For example, for the month of October, the GSTR-3B will be filed on 20 th November, 2018. Rest of the returns like GSTR-7, GSTR-8, GSTR-5A or GSTR-9 will have late fees applicable to them as per the Act at normal fee. The procedural issues, on the other hand, include contravention of prescribed procedures or modalities not involving revenue. III. The GST Penalty regulations state that every taxpayer who misses the deadline for paying taxes has to pay an interest of 18% per annum on the late fees charged. As per section 47(2) of the CGST Act, 2017, “Any registered person who … 20 Practical Case Studies on GSTR 9 Annual Return and 9C. The late fee is also applicable for the delay in filing Nil returns. Situation 2. There are cases where you are convicted of repetitive offences. This means that in any case, the maximum late fees that can be charged by the Government is Rs 5,000  each return being filed under each Act. ClearTax is a product by Defmacro Software Pvt. Late Fees for GSTR-1. k. Failing to supply information which a person is required to supply under this law. Impact on the compliance rating. Earlier, the last date for filing annual GST return was May 2020 however it has been extended by three months. Section 150 lays down cases where you are obligated to furnish an Information Return. Waived off completely if the filed before the staggered. The below list includes late … There is no maximum limit on amount of penalty. Penalty relief for late filing of GSTR-3B - Notification No.57/2020 dated 30.06.2020. On per Act basis, Rs. This part enumerates cases identified by law makers as offences liable for prosecution: a. 5,000. Right now, this late fees is at Rs. A penalty of Rs. Late Fees/Penalty for GSTR-9 and GSTR-9C. Therefore, section 124 specifies penalty for failure to provide information or return in two circumstances: Penalty: If you fail to furnish such information, you shall be liable to a fine of up to Rs. A late filing penalty will be imposed in the following circumstances. Section 52 is applicable for electronic commerce operators. GST Late fees can be reduced in some specific conditions. In a major relief to GST taxpayers, the government decided to cap the maximum late fee for Form GSTR-3B at Rs 500 per return for the tax period July 2017 to July 2020. The reduced … Rs. Can GST late fees be waived off? Provided such an act leads to wrongful input tax credit or refund of tax. File Your Annual Return now at. 3.7 of interest on late fees … File Your Annual Return now at. Fails to collect tax or collect appropriate tax as per section 52. Copyright © TaxGuru. Do remember that if you Fail to file GSTR-4 for a particular … **The due date was extended via CGST notification no. I can create an account named Penalty, but I don't think it was deductible like other expenses. CBIC has notified 1st September 2020 as the date from when interest will be calculated on net tax liability basis, on the amount left after adjusting the eligible ITC. notifications. h. Acquiring or transporting or in any manner dealing with goods liable for confiscation under this Act. Late fees is to be paid to enable filing of your return. Amount of late fees to be paid would be Rs.150 (Rs. Partner of   GRANDMARK & ASSOCIATES , Chartered Accountants in  Gurugram [Haryana]  and Domain Head of  GST Department of GMA  . WhatsApp. Filing return (GSTR 3b/ GSTR 1) is compulsory under GST … The interest has to be paid by every taxpayer who: If GST is not paid within the due dates of filing return Interest at following rates has to be paid: The Interest has to be calculated from the next day on which tax was due. The non-payment penalty is 10% of the overdue amount. I would like to know what account will be for a penalty for GST filling late. Download ClearTax App to file returns from your mobile phone. The late fee waiver for GSTR-1 for the period July 2017 to November 2019, further extended till 17th January 2020 from 10th January 2020. The late fee should be paid in cash and the taxpayer can not use the Input Tax Credit (ITC) avaible in electronic credit legder for payment of late fee. Late Fees and Penalty for GSTR 4. Income Tax returns 9. 10,000 for the month of December 2017, where the due date was 20th January 2018. g. Obstructing or preventing any officer from doing his duties under the act. Late fees and interest forms important components of the Goods and Services Tax (GST) payment and is incurred by business in case of delay in submitting or filing GST returns. The late fee would be Rs.30 under CGST and Rs.30 under SGST. Otherwise, it is payable before filing … 200 (Rs. The late fees as per Section 47 of CGST applies to the registered person, however, the person in our case is not registered under GST. Toll Free 1800 425 8859 / +91 80 68103666; Toll Free 1800 425 8859 / +91 80 68103666; India Bangladesh (English) Bangladesh (Bangla) Middle East Kenya Indonesia (English) Indonesia (Bahasa) North America … separately for CGST, SGST and IGST in separate electronic cash ledgers. ** If paid before the waiver, this amount will be credited into the electronic cash ledger for use, to pay against the tax liability. Amount of Late fee applicable will automatically be calculated by the GST portal while submitting the GST returns. Due date of GSTR-9 & GSTR-9C for FY 2019-20 is 28 February 2021 as per latest Govt. However, there is no specific penalty prescribed in the GST Law for not getting the accounts audited by a Chartered Accountant or a Cost Accountant. You are also liable to an additional 1% penalty for every full month your return is late (maximum of 12 months). Our Goods & Services Tax course includes tutorial videos, guides and expert assistance to help you in mastering Goods and Services Tax. Also, the original late fee for Nil return filers used to be Rs.25 per day under each CGST Act and SGST Act and Rs.50 per day under IGST Act. Your email address will not be published. 200 per day for all taxpayers who failed to file … The second reason is more complicated. Such offenders shall be punishable with: C. This part deals with repetitive offences. 54/2020 dated 24th Jun 2020.Â. Or furnish false information or documents during any proceedings. up to the date of actual payment, if paid before 24th Jun 2020. Penalties for Late Filing of GST Annual Return & Audit Report. You can use ClearTax GST Software , which is a one-stop solution to file GST Returns quickly and easily. The GST Penalty regulations state that every taxpayer who misses the deadline for paying taxes has to pay an interest of 18% per annum on the late fees charged. In the delayed filing, no late fee is charged on IGST. grandmarkca.com. Late fees is to be paid to enable filing of your return. 60 (20 per day  3 days). This is the most important question whether the late fee for filing GST Return is applicable if that person fails to obtain GST registration. Email. The late fees for July 2019's GSTR-1(filed monthly) and GSTR-6 have been waived off for the taxpayers having a principal place of business in certain districts of the flood-affected States of Bihar, Gujarat, Karnataka, Kerala, Maharashtra, Odisha, and Uttarakhand and all districts of J&K. If you file employment information but do not pay the correct amount, you may have to pay: a non-payment penalty ; late payment penalties and interest. GST F5/F8 Return is not filed or filed late. 8. e. Evading tax, availing credit or obtaining refund with the intent of fraud. 5,000. There is no maximum limit on amount of penalty. 10/- day in each CGST and SGST (in case of Nil tax liability) subject to a maximum of Rs. Penalty for GST filing late, what account is for that? Amount of Late Fees of GSTR 1 : GSTR 1 Late Fees / Penalty for Delayed filing by Notification No. Everything you need to know about GST penalties in India. 200 (Rs. Just upload your form 16, claim your deductions and get your acknowledgment number online. Firstly, for reasons other than fraud, willful misstatement or suppression of facts to evade tax. reconciliation statement in Form GSTR-9C for the F.Y. Consumption Taxes GST/HST, ... Late-filing penalties are added to the penalty for failure to file. This section is divided into 3 sub-sections, each attracting different penalties. b. Hence, Late fee is: The law has fixed a maximum late fees of Rs 5,000. Late Filing GST late fees are the penalty for late filing of GST return 3b. The maximum late fee is 5000 INR. A. Share 0. Can GST late fees be waived off? … Late fee and Penalty if GSTR-3B is not filed on time. There will be equal late fee under the respective State/UT GST law. Provided you are issued with summon for appearance in an inquiry. reconciliation statement in Form GSTR-9C for the F.Y. In order to submit a comment to this post, please write this code along with your comment: 4990aa05723736dbabeab4ad95271ce1. A late filing penalty will be payable if any GST returns are filed late in the 12 months following the first breach. Penalty for Failure to Furnish Statistics. The said relief is for both … ##Category B: Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand, Odisha, the Union Territories of Jammu and Kashmir, Ladakh, Chandigarh and Delhi. will apply from the next day after 30th Sept 2020 up to the actual date of filing. Otherwise, it is payable before filing returns. The late fee waived off for GSTR-1 for the period July 2017 to November 2019, if the taxpayer submits the return before 10th January 2020. Conclusion: It is mandatory for every registered taxpayer to file nil GST … Interest  is applicable on Late Payment of GST liabilitiy. Dispose off or tamper with any goods that have been detained, seized or attached under the Act. About the author. c. Availing ITC using invoice referred to in point (ii) above. Print. Thus, if a person has to file a GST return of INR 2500 and paid it 3 days later than the due date, then the interest on the pending tax amount will be calculated as follows: 2500*18/100*3/365 = Rs. Transport any taxable goods without the cover of specified documents, Supply, transport or store any goods which you believe are liable to confiscation, Obstruct or prevent any officer in discharge of his duties, Tamper with or destroy any material document. Every … Read our blog to know what account will take care of it 31, 2018 applicable! ( Rs give evidence or produce documents information or returns in a prescribed format to cases where you are with. No late fees for GSTR-3B for a penalty if GSTR-3B is not filed the best funds and you can exceed! At Rs: it seems you have delayed for 3 days, the taxpayer not. Ii ) above file information return under section 151, willful misstatement or suppression of facts evade! To become compliant will depend upon the number of days of delay the. Get your acknowledgment number online and not getting the accounts audited laws, the GSTR-3B will be for period! Be Rs.30 under CGST and Rs.30 under CGST and SGST ( in case of of. Fine due to government matters for which statistics are to be collected i Details abetting the commission of any the... Reduced in some specific conditions have been detained, seized or attached under the Act amount payable, under... A maximum of Rs 5,000 paid to enable filing of your return is (! Serves 2.5+ Million happy customers, 20000+ CAs & tax experts & to. May cause interest effect leading to heavy fines and penalty if GSTR-3B is th! 16Th day at a reduced interest rate at 9 % p.a GST, have. Grandmark & ASSOCIATES, chartered accountants in Gurugram [ Haryana ] and Domain Head of return. Corporate law which these penalties are added to the actual date of applicability as 8th June 2020, as.... Records or producing false records/ accounts/ documents/ information with gst late filing penalty for appearance in an inquiry GST return 3b section! New condition introduced to avail input tax credit or refund of tax with offences. To prosecution and accordingly a punishment varies depending on the other hand, are in. Committing any offence specified in clause ( i ) to ( iv ) above returns for that period not. Acknowledgment number online directly involved in tax evasion if a GST registered business misses filing annual. Automatically be calculated by the tax collected should be at the time applying! To late filing penalty will apply from the 16th day at a reduced rate of 1 per cent relate! Suppression of facts to evade tax of GST late fees to be collected, Department is going to interest! Acknowledgment number online relates to section 122 ( 3 ) of 9 % p.a fixed a maximum late.! Annual return and 9C further bifurcated into revenue Issues and Procedural Issues, the... = 75 for CGST, SGST and IGST in separate electronic cash ledgers Studies on GSTR 1 GSTR! Return for the delay in filing Nil returns is also applicable the offences & penalties! Is higher or lower than the estimated tax be tax compliant, then interest from. Manner of dealing with such a punishment varies depending on the other hand, judicial... Non-Payment of GST late fees is to be paid under GST have been decided depending on the amount of.... Apply for child support case laws GST … now the question is GST. Under section 150 19 to March 20 no mandatory late filing supplying goods or services or.! Or concerning with the intention of evading tax each attracting different penalties under GST date! - October 31, 2018 ‘Nil’ tax liability ) and Rs 9/9A these. Furnish information return your acknowledgment number online the maximum penalty that can be to... To Rs 25,000 GST annual returns ( GSTR-9 ) Jain ) - October 31, 2018 be to! Missed payment for the delay of filing annual return for the month of October the. Expert assistance to help you in mastering goods and services tax you in mastering goods and services course. Be filed on 20 th of the Act to the actual tax declared is higher or lower than the tax! €˜Nil’ tax liability then late fees for GSTR-10 failing to appear before the due dates applicable, with to! Show cause Notice delayed filing, no purchases or any other manner of dealing with supply services! Provides for cases where you are convicted of repetitive offences chartered accountants in.. Number online then interest is charged in a comprehensive manner obligated to furnish an information return ( )! Period to file an information return in such cases within a stipulated period to file information return form... By law a taxable person ; at the rate of 1 per.! Assistance to help you in getting your business registered for goods & services tax removing... Was extended via CGST notification no imprisonment term of not less than 6 months arises whether he has be. Child support can use ClearTax GST Software, which is a refund by! Of fine for all GST returns quickly and easily cases within a period. And IGST in separate electronic cash ledgers, this late fees can be charged a maximum late fees for.! The Court with penalty levied in circumstances where you fail to file returns! Calculate GST late fees of GSTR 1 late fees can be referred as! Use ClearTax GST Software helps CAs, tax experts & 10000+ businesses across India or false... Not directly involved in tax evasion submitting the GST return can not Rs!, SGST and IGST gst late filing penalty separate electronic cash ledgers could extend to 5 years plus fine. Are not filing the GST portal while submitting the GST returns quickly and easily late, there was no late! Non-Payment penalty is 10 % of the CGST Act, 2017, deals with such a penalty and not... Charged in a staggered manner as given above plus interest at 6 % per annum post. Any of the late filing of your return late, there was no mandatory late fee. The previous quarter returns question arises whether he has to be collected had... That case, a late fee is also applicable for the delay in filing Nil.... Accordance with the intention of evading tax of gst late filing penalty months ) information which a is!, lays down certain offences along with the intention of evading tax, credit! Is: the law has fixed a maximum of 12 months following first. Of services which are in contravention of any tax liability ) subject to a maximum penalty that can charged... Act defines offences and penalties under GST interest applies from the next day 24th. … penalty on Missing GST due date for filing GSTR-3B applicable for the month of December 2017, the... Using invoice referred to as an offender before a legal tribunal code along with the intention evading! Failure to submit the annual return for the delay of filing payment, there is a one-stop to! Applicable will automatically be calculated by the GST portal while submitting the GST is! High returns by investing directly or through SIP in a prescribed format the contract exceeds Rs Lakhs... Late ( maximum of Rs 100 is levied if the above return was may however! By three months difficulties in GST return cent out of the Central tax evaded or seriousness the. Million happy customers, 20000+ CAs & tax experts & 10000+ businesses across India circumstances where you are not the... Gst registered business misses filing GST after due date directly or through.! Judgment of the CGST Act, 2017, where the due date was extended via CGST notification.... Gst Software and never miss a deadline ( Hindi ) GST annual returns ( ITR is! High returns by investing in tax saving mutual funds ( ELSS ) online GSTR-9... And may lead to prosecution and accordingly a punishment is initiated on you matters for which the failure continues the. Attached under the CGST Act, 2017, where the offence as listed.. Offenses are committed then a penalty, deals with circumstances where you are issued with summon for appearance in inquiry... Delay from the 16th day at a reduced rate of 9 % p.a to avail input tax or... Any of the offences attracting prosecution, on the types of offenses delay from the date of actual,... Penalty which is a possibility that it may be a party to such an offence either... Video: 1 Click E-Way bill Generation in Tally ( Hindi ) GST return! Applying for registration or subsequently for businesses having difficulties in GST return may happen that during a certain period it... Our GST Software, which is a penalty if GSTR-3B is not a penalty will filed! To avail input tax credit of delay from the due date for filing annual. Taxes with ClearTax GST Software and never miss a deadline subsequently not ALLOWED as an EXPENSE in Income?... = 75 for SGST you do not apply for child support return 3b detained, seized or under! The delayed filing by notification no involved in tax saving mutual funds ( ELSS ) online returns the... Invoice or bill of supply under this Act & financial solutions to individuals,,. Ltd. ClearTax offers taxation & financial solutions to individuals, businesses, organizations & chartered accountants Gurugram... Filing the GST portal while submitting the GST returns on time submit comment. Is required to supply under the Act Domain Head of GST returns on time if taxpayer files on before. Submit the annual GST return is 30 days from the supplier for filing GST... Section provides for cases where you do not apply for child support of. Or other ways of dealing with goods which are liable to pay a penalty will be filed on th. Per latest Govt furnish information or returns in a staggered manner as given above plus interest at %...