Last updated on April 14th, 2021 at 05:02 pm
Late fees applicable on GSTR 3B
As per CGST Act 2017, if GST registered taxpayer fails to furnish the GST returns within the stipulated due date along with payment of taxes due then late fees will be levied. Late fees is the amount charged for delay in filing the GST returns. Provisions for levy of the late fees are covered in section 47 of the CGST Act,2017.
It is important to note that even a nil return needs to be filed within the due date. Filing GST returns is important it doesn’t matter whether the tax is payable or not. Late fees will be charged even for nil returns or returns where no tax is to be paid or if tax is being adjusted from the credit available in the electronic ledger.
Form GSTR 3B is a monthly return and it is to be filed by the 20th day of next month. Late fees is calculated based on the number of days it is delayed from the due date of filing.
Note: Late fees is to be deposited in cash it cannot be adjusted from the credit available in the electronic credit ledger.
Section 47 of CGST Act 2017 – Levy of late fee
“(1) Any registered person who fails to furnish the details of outward or inward supplies required under section 37 or section 38 or returns required under section 39 or section 45 by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees.
(2) Any registered person who fails to furnish the return required under section 44 by the due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter percent of his turnover in the State or Union territory.”
Late fees applicable on GSTR 3B
Considering the hardships faced by taxpayers in filing GST returns within the due date. The late fees was reduced vide a CGST Notification no. 64/2017 dated 15th November 2017
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| Particulars |
Late fees |
|
|
As per CGST Notification no. 64/2017 dated 15.11.17 |
As per Section 47 of CGST Act 2017 |
|
| FORM GSTR 3B -NIL return | Rs. 10 per day for SGST
Rs. 10 per day for CGST |
Rs. 100 per day for SGST
Rs. 100 per day for CGST |
| FORM GSTR 3B | Rs. 25 per day for SGST
Rs. 25 per day for CGST |
Rs. 100 per day for SGST
Rs. 100 per day for CGST |
| Maximum late fees can be Rs. 10,000/- (Rs. 5,000/- for each act) | ||
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Waiver of late fees for GSTR 3B and corresponding notifications
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| CGST Notification | Applicable late fees |
| No. 28 dated 01.09.17 | Waived off late fees for Jul’17 |
| No. 50 dated 24.10.17 | Waived off late fees for Aug’17 & Sep’17 |
| No. 64 dated 15.11.17 | Waived off late fees for Oct’17
AND Notified the reduced late fees applicable from Nov’17 and onwards |
| No. 76 dated 31.12.18 | Waived off late fees for returns of Jul’17- Sep’18 if they are filed between the period from 22nd Dec’18 to 31st Mar’19. |
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Unanswered Question: Was the late fees charged to the taxpayers automatically refunded? Was it not unjust to the taxpayers who filed with late fees for the period where the late fees was subsequently waived off? As the late fees was waived off for the taxpayers who did not file returns for the period of July 17-Sep 18 and if they filed it in the period from 22nd Dec’18 to 31st Mar’19.
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