Last updated on August 24th, 2022 at 07:06 pm
GSTR 10
What is GSTR 10?
GSTR 10 is the Final Return to be filed by the person who has surrendered the registration or registration has been canceled by the proper officer. It can be signed using DSC or EVC. An ARN will be generated on the successful filing of the Form GSTR-10. An SMS and email will be sent to the applicant on the registered mobile number and registered email id.
Note: Input Service Distributor or a Non-Resident Taxable Person or Composition taxpayers or a person paying tax under the provisions of section 51 or section 52 are not required to file the final return in Form GSTR 10.
Note: Filing GSTR 10 the final return doesn’t mean you are relieved from the compliance of filing GSTR 9/9A the annual return.
Note: Login credentials on the GSTN portal continue to remain active until all the required compliances which are to be fulfilled after cancellation are not completed.
Is it mandatory to file GSTR 10?
It is a statement of stocks that was held by such taxpayer on the day immediately preceding the date from which cancellation is made effective. It would also include the details of the input tax credit involved in closing stock (including inputs and capital goods) which is to be reversed/ paid by the taxpayer while filing the return.
Note: It is mandatory to file all returns in Form GSTR-3B & Form GSTR-1 before filing Form GSTR-10.
How to file GSTR 10?
Only the taxpayers who have canceled their registration will be able to see the link of Final return in the tab Services>>Returns>>Final Return. The process of cancellation of GST registration does not get over until one files the Final Return in Form GSTR 10.
- One has to discharge the full liability while filing GSTR 10.
- GSTR-10 can be signed using DSC or EVC.
- An ARN will be generated on the successful filing of the Form GSTR-10. An SMS and email will be sent to the applicant on the registered mobile number and registered email id.
Can GSTR 10 be filed nil?
Yes. Final Return in Form GSTR 10 can be filed nil too.
Can GSTR 10 be revised?
No. Final Return in Form GSTR 10 cannot be revised once filed.
Is it mandatory to file an annual return after filing GSTR 10?
Filing GSTR 10 the final return doesn’t mean you are relieved from the compliance of filing GSTR 9/9A the annual return.
Note: Login credentials on the GSTN portal continue to remain active until all the required compliances which are to be fulfilled after cancellation are not completed.
What is the due date of GSTR 10?
The final return in Form GSTR 10 needs to be filed within three months from
- the date of cancellation
OR
- the date of order of cancellation
whichever is later.
What are the consequences of failure to furnish a Final Return? | What happens if GSTR 10 is not filed within the prescribed due date?
If a taxpayer does not furnish the GSTR 10 (Final Return) within the prescribed period, then the Proper Officer will send a notice to the registered person who has defaulted. The person will be given 15 days’ time for filing the final return with all the documents required.
But if the person still fails to comply with the requirement of notice and furnish GSTR 10 then the Proper Officer will pass the final order for the cancellation with the amount of tax payable along with interest and penalty.
A general penalty of Rs 100 per day towards CGST and Rs 100 per day towards SGST will be levied. The maximum penalty is Rs. 10000 for both (CGST+SGST/UTGST) shall be levied.
What is the penalty for delay in filing GSTR 10?
Late fees u/s 47 shall be levied for delay in filing GSTR 10.
- Rs.100 per day towards CGST
- Rs.100 per day towards SGST/UTGST
subject to a maximum of Rs 10,000 (Rs 5000 CGST+ Rs. 5000 SGST/UTGST)
Is late fees capped at Rs 500 for GSTR 10?
Late fees is not capped permanently at Rs 500 for GSTR 10.
But for a brief period, late fees were capped at Rs 500. Details of one-time capping of late fees are as under:-
Notification – CGST notification no. 68/2020 dated 21st Sept 2020
GST registration canceled – Upto 21st September 2020
Prescribed period for filing – 22nd Sep 2020 to 31st December 2020
Late Fees: Late fees will be Rs 500 ( Rs. 250 towards CGST + Rs. 250 towards SGST/UTGST).
Note: Late fees u/s 47 is waived off not the interest u/s 50 for non-payment or delayed payment.
What was the one-time extension on the due date for filing GSTR 10?| One-time waiver from late fees in filing GSTR 10
The government had once provided with an amnesty scheme by extending the due date for filing the final return for registrations canceled up to a prescribed date if the returns are furnished within the prescribed period.
Notification – CGST Notification no. 58/2018 dated 26th Oct 2018
GST registration canceled – Upto 30th September 2018.
Prescribed period for filing – 26th October 2018 to 31st December 2018.
Relevant section and rule for the final return GSTR 10
Section 45 of the CGST Act 2017 – Final Return
“Every registered person who is required to furnish a return under sub-section (1) of section 39 and whose registration has been canceled shall furnish a final return within three months of the date of cancellation or date of order of cancellation, whichever is later, in such form and manner as may be prescribed.”
Rule 81 of CGST Rules 2017 – Final return
“Every registered person required to furnish a final return under section 45, shall furnish such return electronically in FORM GSTR-10 through the common portal either directly or through a Facilitation Centre notified by the Commissioner.”
Thought to ponder !!!
⇒ What happens to the late fees already collected for the delay in filing the final return in Form GSTR 10?
⇒ Is the Government planning to refund the excess late fees already collected to the ones who have already canceled?
⇒ The ones whose registration has been canceled by the proper officer or an application for cancellation has been made then why notices are not being sent to defaulters?
⇒ Why are the GST registration numbers still active despite the non-filing of the final return in Form GSTR 10? Has the Government failed to take any action against the defaulters/non-filers?
She can be contacted at info.financepost@gmail.com
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