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Analysis

Analysis

For late filing of return, late fee as specified below will apply:

Defaulted Return Late fee under each CGST & SGST / UTGST Law Revised late fee under each CGST & SGST / UTGST Law
Details           of                          Outward

Supplies (Ref: Section 37)

‘   100 per day of delay with

cap on maximum late fee of ‘ 5,000

‘    25    per     day          of    delay

(maximum of ‘ 5,000)

In case of NIL return—’ 10 per day of delay maximum of ‘ 5000

Details of Inward Supplies (Ref: Section 38) same as above Not                 Applicable               — As        Form

GSTR     2   is    suspended    for
indefinite period

Monthly         Return      (Ref:

Section 39) — GSTR 3 / GSTR 3B

same as above ‘    25    per     day          of    delay

(maximum of ‘ 5,000)

In case of NIL return —’ 10 per day of delay maximum of ‘ 5000

Details of Supplies made by Composition dealers (Ref Sec 39(2)) ‘   100 per day of delay with

cap on maximum late fee of ‘ 5,000

‘    25    per     day          of    delay

(maximum of ‘ 5,000)

In case of nil return — ‘ 10 per day of delay maximum of ‘ 5000

Annual Return (Sec 44) ‘   100 per day of delay with

cap on maximum amount = 0.25% on turnover in the state / UT*

No revision
Final      Return    in       case    of

cancellation of registration (Sec 45)

Same as applicable to regular return / statement No revision

 

(Refer Note No. 2 at the end of the chapter, for details of Notification reducing late fee for returns to be furnished in Form GSTR 1 and GSTR 3B.
* “turnover in State” or “turnover in Union territory” means the aggregate value of all taxable supplies (excluding the value of inward supplies on which tax is payable by a person on reverse charge basis) and exempt supplies made within a State or Union territory by a taxable person, exports of goods or services or both and inter-State supplies of goods or services or both made from the State or Union territory by the said taxable person but excludes central tax, State tax, Union territory tax, integrated tax and cess.

However, by way of Notification No. 1/2018 – Central Tax dated 01.01.2018, trader will have to pay taxes at 1% (0.5% CGST and 0.5% SGST) on turnover of taxable supply of goods in the State / Union territory, by this logic the late fee should also be calculated only on value of taxable supplies for the purpose of levy of late fee on belated annual return furnished in Form 9A, by composition taxpayer being a trader. However, contradictory view is also possible to say that the restricted meaning was provided only for the purpose of collecting taxes on supply of taxable goods and not otherwise.

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