GST Return Late Fees Caping Amendment Proposed in Section 47 of CGST Act

GST Return Late Fees Caping Amendment Proposed in Section 47 of CGST Act

CA Pratibha Goyal | May 31, 2021 |

GST Return Late Fees Caping Amendment Proposed in Section 47 of CGST Act

GST Return Late Fees Caping Amendment Proposed in Section 47 of CGST Act

As per Section 47, The Late Fees Applicable on the filing of GSTR-1 & GSTR-3B is Rs 200 Per Month (Rs 100 CGST + Rs 100 SGST/UTGST). The Upper Ceiling is Rs 10000 (Rs 5000 CGST + Rs 5000 SGST/UTGST).

This GST Return Late fee per day was Later Reduced keeping in mind the rationalization of GST Late Fees.

GSTR-1, GSTR-3B & GSTR-4 Late Fees Structure:

ParticularsAmount
Late Fees Per Day in case of Nil Return (CGST+SGST/UTGST)Rs 20
Late Fees Per Day in case of other than Nil Return (CGST+SGST/UTGST)Rs 50
Maximum Late Fees (CGST+SGST/UTGST)10000

The Upper Ceiling of Rs 10000 (Rs 5000 CGST + Rs 5000 SGST/UTGST) was not changed.

Now, this Upper Ceiling has also been rationalized for Form GSTR-1, GSTR-3B & GSTR-4

Thus the GSTR-1 & GSTR-3B New GST Late Fees Structure is as follows:

 Late FeesPer DayUpper Ceiling
For taxpayers having nil tax liability
(CGST+SGST/UTGST)
Rs 20Rs 500
For taxpayers having Annual Aggregate Turnover (AATO) in preceding year upto Rs 1.5 crore (CGST+SGST/UTGST)Rs 50Rs 2000
For taxpayers having AATO in the preceding year between Rs 1.5 crore to Rs 5 crore (CGST+SGST/UTGST)Rs 50Rs 5000
For taxpayers having AATO in the preceding year above Rs 5 crores (CGST+SGST/UTGST)Rs 50Rs 10000

Form GSTR-4 Late Fees by Composition Taxpayers

New GST Late Fees Structure

 Late FeesPer DayUpper Ceiling
For taxpayers having nil tax liability
(CGST+SGST/UTGST)
Rs 20Rs 500
For Other Taxpayers (CGST+SGST/UTGST)Rs 50Rs 2000

Besides this Late Fees on GSTR-7 have also been amended. At present the Late Fees is Rs 200 per Day (CGST+SGST/UTGST). The New GSTR-7 Late Fees Structure is as follows:

Form GSTR-7 Late Fees

 Late FeesPer DayUpper Ceiling
GSTR-7 (CGST+SGST/UTGST)Rs 20Rs 2000

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