A registered dealer should file the GST returns in time, else it could attract the GST late fees and penalty. For instance, earlier a registered dealer should have filed the GSTR-1 return due for months of July to Nov 2017 and July to September 2017 by 10th Jan 2018. In case the details are missing, he would now be liable to pay late fees for Rs 200 (has changed after the CBEC notification about the same as on March 7th 2018) on the daily basis for the number of days that have passed after the due date until the day of finally filing the return.
Further, if the return has not been filed at all, then it would attract interest.
GSTR 5-A – For the registered taxpayer who files the GSTR- 5 later than the due date would attract the GST late fees of Rs 200 per day if delay. If the return is NIL then the penalty per day would be reduced to 100 per day. Also, the ceiling over the late fees has been set at 5,000 INR.
Further, the late fee for various other returns such as GSTR-1,GSTR-3B(October 2017 onwards), GSTR-4, GSTR-5 & GSTR-6 remain unchanged. As per the revised GST late fees notification,
(GSTR-1, GSTR-3B, GSTR-4, GSTR-5, GSTR-5A and GSTR-6)
|Rs 50 per day delay|
(GSTR-1, GSTR-3B, GSTR-4, GSTR-5, and GSTR-5A)
|Rs 20 per day delay|
As per the latest arrangement, the government has found it fit to waive late fees for GSTR-3B from July to September 2017. If the registered dealer has paid the GST late fees for these months, it would be credited back to Electronics Cash Ledger under tax. The amount paid can be used for payment of the GST liability later. Take for instance, if a taxpayer has filed the return late and paid the fee of 800 for four days, then the amount would be refunded in the electronic cash ledger which can be used towards settling down any GST liability in the future.
Late Fees for GST Return as per GST Act
- All returns excluding the annual returns : Rs 200 per day of default and the ceiling is set at Rs 5000
- Annual Return at Rs 200 per day of default up to a maximum of 0.25% of Turnover.
Interest on the late payment
There are certain conditions based on which the taxpayer will need to pay the Interest. These are:
- Delayed payment of GST
- Excess Input Credit Claimed
- Excess output tax liability reduced
How much interest has to be paid?
|Tax paid after due date||18% p.a.|
|Excess ITC Claimed or excess reduction in Output Tax||24% p.a.|