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Penalty for non-filing of GST Returns

Penalty for non-filing of GST Returns :

In case a taxpayer does not file his/her return within the due dates, he/she shall have to pay a late fee of `200/- i.e. `100/- for CGST and `100/- for SGST per day (up to a maximum of `5,000/-) from the due date to the date when the returns are actually filed.

Note: In case of GSTR-3B

For the months July to September, 2017, the late fee payable for failure to furnish the return has been waived completely. From the month of October 2017 onwards, the GST Council has recommended that the amount of late fee payable by a taxpayer whose tax liability for that month is ‘NIL’ is `20/- per day (`10/- per day each under CGST & SGST Acts). However, if the tax liability for that month is not ‘NIL’, the amount of late fee is `50/- per day (`25/- per day each under CGST & SGST Acts)

Check points by the Auditor:-

* Correctness of HSN Code and SAC Code

*Correctness of GST rates

* Correctness of taxes applicable on the basis of intra-state supply and inter-state supply, place of supply for goods and services

* Whether Output Tax liability has been determined and paid correctly.

* Details of Supply made under exemption notification/ Outward Supply

*Details of Supply of goods on approval basis

* Details of reimbursement excluded from the taxable value where registered person acted as pure agent
* Details of supply of capital goods or plant and machinery on which input tax credit had been availed- Sale of capital goods/vehicle/tools
* Details of Export sales with payment/ without payment of IGST
* Details of Debit / Credit notes issued under GST
* Details of Non GST Purchases- Petrol/Diesel
* Treatment of canteen recovery /telephone recovery / bus recovery from employee
* Whether balance of Cenvat Credit is transferred properly through TRAN 1
* Details of Education Cess/Secondary Higher Education Cess /Krishi Kalyan Cess Carry forward in Trans-1
* Whether interest has been paid correctly in case of delay in payment of tax
* Whether refunds are claimed properly Levy on Mixed supply or Composite supply, Works Contract
* Value of Supply- Inclusion and Exclusion of supply
* Delay in payment of taxes along with interest @ 18%
* Wrong payment of taxes under wrong accounting code
* Reconciliation of Taxes payable as per GSTR-1, accounts Vs Tax Paid with GSTR-3B
* Reconciliation of taxable turnover as per GSTR-1 vs. Turnover as per accounts within the state
* Details of Transactions where value of supply is based on valuation rules- Inter unit/ Depot/ Employee
* Amortisation in case of Tool supplied by vendor
* Treatment of nonmoving stock written off
* Review of Contracts in case of credit notes issued for the discounts
* Reversal / Payment of Tax in case of Free sample/ free supply
* Whether Returns are filed on or before due date.
* Documents issued under GST
* Reasons for the cancellation of the documents