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No Penalty for Delayed GSTR 3B Oct-April Return Filing

No Penalty GSTR 3B

Notification No. 22 /2018 – Central Tax: As a relief for those taxpayers who failed to file their GST-3B summary returns for October 2017 to April 2018, the Government has waived off the late fee charge. The benefit, however, is limited to only those taxpayers who could not fill the TRAN-1 form to avail input credit on closing stocks till December 27, 2017. Accordingly, these traders were unable to file GSTR-3B returns also. The reason for the delay is being attributed to the technical glitches and delays in the GST portal. Reportedly, nearly 30% of the registered traders under GST had failed to file their GSTR-3B returns for the month of March 2018 before the April 20 deadline.

As per the Finance Ministry, taxpayers must meet some conditions in order to avail the fee waiver. Traders who failed to file TRAN-1 before 27th December can now do it till May 10, 2018, if and only if they file the pending GSTR-3B for October 2017 to April 2018 period by May 31, 2018, positively. As per experts, this a welcome move which brings huge relief for thousands of traders. However, experts have sought clarity for those business owners who filed the pending GSTR-3B coupled with late fees. A refund for such taxpayers would be a positive step forward.

Traders who had missed TRAN-1 in December stood to lose input tax credit on the sale of pre-GST stocks. Accordingly, requests and appeals were made by the traders in their respective state courts. While hearing to one such petition, the Bombay High Court had ruled that the Government must allow traders who were plagued by technical errors and glitches to file the TRAN-1 by May 10th.

The Government however in a proactive move has already waived the late fees implied on GSTR-3B returns for July to September 2017. Barring any legal compulsions, the TRAN-1 filing date has also been extended to May 10, 2018. Traders who can now claim input tax credit on pre-GST stocks post meeting legal conditions must be having a huge sigh of relief.

Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

Published by Atul Mittal
Atul is a professional content writer with specialisation in business and marketing content. I have been writing tax articles and news for about two years now and have good experience in GST and income tax domains. View more posts
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62 thoughts on "No Penalty for Delayed GSTR 3B Oct-April Return Filing"

  1. sir, GSTR 3B late fee waived for November to all months small traders are huge fee liability the government relief of the taxpayer to waive for all months late fees.

  2. Dear Sir I have taken GST number in October 2017 to give services but not able to start my work due to high financial worst condition and health.CA was asking for Rs 2000 per quarter file nil I was not aware of penalty condition now I have filled nil GSTR 1 till August 2018 gstr3 for October 2017 is filled but while filling gstr3 b error is coming and fine for Rs 2950 is reflecting for November 2017. Does it mean the same penalty per month till September 2018 2950*11=Rs 32,450 for nil GST return?

    Also due to GST return not submitted I have received an email from Superintendent for cancelling of GST registration if not replied or present at given address within 7 days so I have replied to them ..I don’t have money to pay fine. If I have money I would have paid to Ca for return. Please advice for fair decision Without paying fine I will not be able to submit GST return or let them cancel the registration.

    1. Please apply for cancellation of registration in case there is no business in future to start but before cancelling registration it is compulsory to file Nil return with the penalty up to date. But in the case of Nil return, there is a penalty of Rs. 20/- per day which is maximum up to Rs. 5,000/-. It means in any case late fee of more than Rs. 5,000/- shall not be chargeable for a tax period.

      1. Please calculate my 10 months late fee for Nil GST return file… If it is Rs. 20 per day then will it be like 20*30*10 = Rs.6000/- in total for 10 months late fee?

  3. Is there any way we can avoid or get back penalty?

    As my ca didn’t pay since November 17 and I didn’t ask him till now. Now I have every month it is showing 10000 for 3b, there should be some way, please help.

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