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November 6, 2020

Is there any late fee if GSTR 3B is filed after the due date?

by CA Shivam Jaiswal in GST

Is there any late fee if GSTR 3B 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 3B.

What is GSTR 3B?

  • The GSTR-3B is a consolidated summary return of inward and outward supplies that the Government of India has introduced as a way to relax the requirements for businesses that have recently transitioned to GST.
  • In other words, it is a simplified method that helps to declare the summary of GST liabilities for a given tax period.
  • One cannot amend GSTR-3B and dealers must file separate GSTR-3B for each of their GSTIN.
  • All GST registrants must file GST return 3B including ‘NIL’ returns.

Who is required to file GSTR 3B?

All the registered taxpayers are required to file GSTR 3B, except:

  • Input Service Distributors
  • Composition Dealers
  • Non-resident Taxable Person
  • Small taxpayers
  • Suppliers of OIDAR (Online Information and Database Access or Retrieval)

What is the due date for furnishing GSTR 3B as prescribed by CBIC?

The CBIC prescribed the due dates of filing GSTR 3B vide Notification No. 76/2020 – Central Tax dated 15th October, 2020 as follows:

Taxpayers having an aggregate turnover of more than Rs 5 crores in the previous financial year

Month for which details in GSTR-3B are furnishedTime period for furnishing details in GSTR-3B
October 202020th November 2020
November 202020th December 2020
December 202020th January 2021
January 202120th February 2021
February 202120th March 2021
March 202120th April 2021

Taxpayers having an aggregate turnover of up to Rs 5 crore in the previous financial year, whose principal place of business is in Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana, Andhra Pradesh, the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands or Lakshadweep

Month for which details in GSTR-3B are furnishedTime period for furnishing details in GSTR-3B
October 202022th November 2020
November 202022th December 2020
December 202022th January 2021
January 202122th February 2021
February 202122th March 2021
March 202122th April 2021

Taxpayers having an aggregate turnover of up to Rs 5 crore in the previous financial year, whose principal place of business is in Himachal Pradesh, Punjab, Uttarakhand, Haryana, Rajasthan, Uttar Pradesh, Bihar, Sikkim, Arunachal Pradesh, Nagaland, Manipur, Mizoram, Tripura, Meghalaya, Assam, West Bengal, Jharkhand or Odisha, the Union territories of Jammu and Kashmir, Ladakh, Chandigarh or Delhi

Month for which details in GSTR-3B are furnishedTime period for furnishing details in GSTR-3B
October 202024th November 2020
November 202024th December 2020
December 202024th January 2021
January 202124th February 2021
February 202124th March 2021
March 202124th April 2021

Is interest payable on not filing GSTR 3B?

Interest is applicable on Late Payment of GST Due Interest has to be paid by every taxpayer who:

  • Makes a delayed GST payment i.e. pays GST after the due date.
  • Claims excess Input Tax Credit
  • Reduces excess Output Tax Liability

Currently, GST has to be paid at the time of filing GSTR-3B and GSTR-4.If GST is not paid within the due dates of filing return Interest at following rates has to be paid:

ParticularsInterest
Tax paid after due date18%
Excess ITC Claimed or excess reduction in Output Tax24%

The Interest has to be calculated from the next day on which tax was due.

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 3B is not filed within the due dates mentioned above?

  • Late fees for GSTR-3B is Rs. 20 (Rs. 10 for CGST and Rs. 10 for SGST) per day for NIL returns.
  • In other cases, it is Rs. 50 (Rs. 25 for CGST and Rs. 25 for SGST).
  • A return in which there is no sales but has purchases is also considered as NIL return. Maximum amount of penalty will be Rs. 10,000 (Rs. 5,000 for CGST and Rs. 5,000 for SGST) for every return.
  • Late fees for GSTR-3B for a month is required to be paid in the next month. You cannot file a month’s return before making payment of late fees of previous month.

It is also important to remember that the GSTR amnesty scheme for GSTR 3B ended on 30th of September, where there was a cap on the payment of late fees. Now late fees are calculated as per the original rules from date of default as provided above.

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