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.
My reg26 was issued on 30.05.2018 as it was in system error in the Gst portal I filled my returns July to sept as there was no penalty but the penalty is charged 60000 for returns oct to march who can help me as I am not able to understand the rule
Please contact GST portal for the same as the penalty cannot be levied for delay in registration in case of technical issue.
Dear Sir, I have not filed GST RETURN from July 17. Nd after filing nil returns from July 2017 to till now. The penalty came in November of RS. 6880. Than in December penalty came of rs. 10,000.
I need to ask whether the penalty will be 10,000 for the upcoming months too.
Dear Vabibhav Saxena..
The penalty will be calculated Rs.20/- (Rs.10.00 + Rs.10.00) Per day.. and maximum Penalty is Rs.10,000/, (Rs.5,000/- + Rs.5000/-.) per month.
I have total liability for SGST & CGST is totaling around 65000 for 1.5 years. I have filed gst1 & paid tax for the period. but not filed 3B for the whole years. Can we get exemption any chance as the 3B Penalty is more than the tax payable?
No penalty needs to be paid in every case as there is no exemption from it.
Rs.5000 maximum late fee for a tax period!!! Is the said tax period means one month or one year? Because I couldn’t file my GSTR 3b from January 2018 onwards. Then how much I would pay?? Rs.5000*9=45000? Or Rs.5000 only for the whole period/?
5000 late fees are for the total duration of delay of a single month. For eg., if Jan 2018 return filed today on 15/10/2018 then the late fee of Jan shall be Rs, 5925/- each of CGST and SGST then you have to pay Rs. 5000/- each of CGST and SGST for the period of Jan. Likewise, you have to do the same for subsequent months.
Sir, we are not filed TRAS 1,& GSTRB3B IN TIME FROM OCTOBER 2017 TO MARCH 2018, BECAOUSE OUT GST PORT LOCKED. WE ARE CONSERNED GST SUPRINTENDENT AND HE ALSO VISIT IN MY OFFICE FOR SOLVE MY PRBLEM,BUT PRBLEM STILL STAND. THERE FIRE WE ARE SBMIÞING GSTR 3B WITH LATE FEE.BUT TRANS 1 STILL NOT FILE. PLEASE ADVOICE FOR LATE FEE WAVER. FURTHER GSTRB 3B FILED IN TIMELY.
The late fee cannot be waived unless some notification issued by the Govt. in this regard.