Post executing revision in section 37(4) of the Central GST Act, 2017, the GST department has executed providing late fees for defaulters of GSTR-1.
According to section 37(4), an enrolled individual will not be permitted to file information on the outward supplies under sub-section (1) for a tax duration when the information on outward supplies for any of the former tax periods has not been filed via him.
The Central Government revised Section 37 & Section 39 of the Central Goods & Service Tax Act (CGST), 2017 vide Notification on 28th September 2022 w.e.f. the date 01 October 2022.
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As per section 37(4) of the CGST, Act, an assessee will not be permitted to file GSTR-1 when the former GSTR-1 is not furnished, and according to section 39(10), an assessee will not be permitted for filing GSTR-3B if GSTR-1 for the identical tax duration is not filed.
As per the GST law, the late fee for not filing the GSTR-1 is Rs 200 per day for late filing (Rs 100 according to the CGST Act and Rs. 100 under the SGST Act). The late fee levied will be from the published date to the last date.
After the furnished notification dated February 2021, the late fees shall be taken to impose lower fees of Rs 50 per day and Rs 20 per day towards nil return.
You should note that in the GST portal the late fee on the GSTR-1 is not in demand currently since a segment of payment challan in PMT-06 at the time of filing of the GSTR-3B.
The claimed input on the missing invoices via the recipient would get furnished via the seller in the subsequent two tax durations from the claimed input via the recipient.
When it does not get furnished via the supplier the input is claimed through the recipient would get reversed with the interest and penalty.
