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November 5, 2020

Is there any late fee if GSTR 1 is filed after the due date?

by CA Shivam Jaiswal in GST

Is there any late fee if GSTR 1 is filed after the due date?

The COVID 19 pandemic has been largely disruptive to the growth of India. With an ever-increasing corona virus cases, lockdown was considered as an only solution to flatten the curve. However, the measures which were implemented to avoid a human disaster, have in turn led to the birth of several issues such as unemployment, recession, hindrance to economic growth, financial instability and so on.

Due to the emerging financial distress faced by most people on account of the large-scale economic distress caused by COVID 19, the Government of India had extended the due dates of various provisions to provide relief in the current pandemic situation. The Union Finance and Corporate Affairs Minister Smt. Nirmala Sitharaman announced several important relief measures taken by the Government of India in view of COVID-19 outbreak, especially on statutory and regulatory compliance matters related to several areas of Income Tax, GST, Customs and Corporate Affairs.

The Central Board of Indirect Taxes and Customs (CBIC) is a part of the Department of Revenue under the Ministry of Finance, Government of India. It deals with the tasks of formulation of policy concerning levy and collection of Customs, Central Excise duties, Central Goods & Services Tax and IGST, prevention of smuggling and administration of matters relating to Customs, Central Excise, Central Goods & Services Tax, IGST and Narcotics to the extent under CBIC’s purview. On 15th October, CBIC came up with the various notifications for prescribing the due dates for filing GSTR 1.

What is GSTR 1?

GSTR-1 is a monthly or quarterly return that should be filed by every registered dealer. It contains details of all outward supplies i.e sales.GSTR 1 once filed cannot be revised. Any mistake made in the return can be rectified in the next periods (month/quarter) return. It means that if a mistake is made in May GSTR-1, rectification for the same can be made in June’s GSTR-1.

Who is required to file GSTR 1?

All the registered taxpayers are required to file GSTR 1, except:

  • Input Service Distributors
  • Composition Dealers
  • Non-resident Taxable Person
  • Taxpayers liable to collect TCS
  • Taxpayers liable to deduct TDS
  • Suppliers of OIDAR (Online Information and Database Access or Retrieval)

What is the due date for furnishing GSTR 1 as prescribed by CBIC?

CBIC notified that the registered persons having aggregate turnover of up to Rs 1.5 crore in the preceding financial year or the current financial year, can file their GSTR 1 as per the due date mentioned below:

Quarter for which details in GSTR-1 are furnishedTime period for furnishing details in GSTR-1
October, 2020 to December, 202013th January, 2021
January, 2021 to March, 202113th April, 2021

CBIC also notified the time-limit for furnishing the details of outward supplies in GSTR-1 by registered persons having aggregate turnover of more than Rs 1.5 crore in the preceding financial year or the current financial year as follows:

Month for which details in GSTR-1 are furnishedTime period for furnishing details in GSTR-1
October 202011th November 2020
November 202011th December 2020
December 202011th January 2021
January 202111th February 2021
February 202111th March 2021
March 202111th April 2021

What do you mean by late fees under GST?

  • Every registered person under GST is required to file monthly or quarterly return and annual return within the due date depending upon the type of the taxpayer status.
  • However, if such a taxpayer fails to pay tax or file returns within the prescribed due date, he shall have to pay late fee along with interest on the late payment of GST.
  • Such a fee is charged for each day during which such a failure continues on the part of the registered taxpayer after the due date to file returns.
  • Late fees are also applicable on NIL Returns.

Is any late fee leviable if GSTR 1 is not filed within the due dates mentioned above?

Section 47 of the CGST Act pertains to levy of late fees under GST. According to Section 47(1), Anyregistered person who fails to furnish the details of outward or inward supplies requiredunder section 37 or section 38 or returns required under section 39 or section 45 by the due dateshall pay a late fee of Rs 200 (Rs 100 under CGST and Rs 100 under SGST/UTGST) for every dayduring which such failure continues subject to a maximum amount of Rs 5000

Therefore, if any taxpayer does not file GSTR 1 by the due dates mentioned above, he/she will be liable to pay late fees of Rs 200 (Rs 100 under CGST and Rs 100 under SGST/UTGST) for every day during which such failure continues subject to a maximum amount of Rs 5000.

It is also important to remember that, if the registered taxpayer fails to file NIL Return on or before the due date, he shall be liable to pay late fees of Rs 50 for every day during which such failure continues under CGST Act. Similar provisions exist under the SGST Act, 2017. Thus, a late fee of Rs.100 per day (Rs. 50 under CGST law + Rs. 50 under State / Union Territory GST law) would be levied as per CGST Act, 2017 and State / Union Territory GST Act, 2017.

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