Last updated on April 13th, 2023 at 09:44 am
GSTR 10
Latest>> 3rd Amnesty Scheme for GSTR 10 has been notified in March 2023
Final Return (Form 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 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 to 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 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 as nil?
Yes. Final Return in Form GSTR 10 can be filed as 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 late fee for delay in filing GSTR 10?
As per section 47(1) of CGST Act 2017 if the final return u/s 45 is not filed within the prescribed time period then late fees of Rs 200 per day (Rs 100 for CGST+Rs 100 for CGST/UTGST) shall be payable subject to a maximum of Rs 10,000 (Rs 5000 for CGST + Rs 5000 for CGST/UTGST)
Amnesty schemes notified for GSTR 10
Late Fee u/s 47 is not capped permanently for Form GSTR 10.
3rd Amnesty Scheme for GSTR 10 (Mar 2023)
Based on the recommendations of the 49th GST Council Meeting, once again late fee for delay in furnishing the final return was capped if the compliance is done within the notified period.
Notified period for filing – 1st April 2023 to 30th June 2023
Maximum/Capped Late Fees – Rs 1,000/- ( Rs 500 CGST + Rs 500 SGST/UTGST)
Relevant Notification – CGST Notification no. 08 dated 31st March 2023
Note: Only late fees u/s 47 is being capped there is no amnesty if interest u/s 50 is leviable for non-payment or delayed payment of tax.
Note: Late fees shall only be levied after the lapse of 3 months from the date of the cancellation or cancellation order whichever is later.
2nd Amnesty Scheme for GSTR 10 (Sep 2020)
Central Government had notified a one-time waiver from late fees by capping the late fees to a very nominal amount if the returns are filed within the notified waiver period.
This opportunity was given as taxpayers had failed to file the final return within the prescribed date and were not filing the same after the lapse of the prescribed date as the late fees burden was very high. This results in unnecessary pendency on taxpayers’ as well as Government’s end too.
Notified period for filing – 22nd September 2020 to 31st December 2020
Maximum/Capped Late Fees – Rs 500/- ( Rs 250 CGST + Rs 250 SGST/UTGST)
Relevant Notification – CGST Notification no. 68 dated 21st Sep 2020
Note: Only late fees u/s 47 is being capped there is no amnesty if interest u/s 50 is leviable for non-payment or delayed payment of tax.
Note: Late fees shall only be levied after the lapse of 3 months from the date of the cancellation or cancellation order whichever is later.
1st Amnesty Scheme for GSTR 10 (Oct 2018)
Considering the hardships of the taxpayers of adjusting to a totally new indirect regime, CBIC granted a one-time extension to file the final return within the specified due date for registrations cancelled up to 30th Sep 2018.
Notified period for filing – 26th October 2018 to 31st December 2018
Maximum/Capped Late Fees – Nil
Relevant Notification – CGST Notification no. 58/2018 dated 26th Oct 2018
Note: Late fees u/s 47 or interest u/s 50 shall not be levied as further time was provided.
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.”
Rule 68 of CGST Rules 2017 – Notice to non-filers of returns
“A notice in Form GSTR 3A shall be issued, electronically, to a registered person who fails to furnish a return under section 39 or section 44 or section 45 or section 52.”
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?
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