GST is a new tax regime which has been launched in India quite recently. In line with specific provisions and regulations under the same, applicable entities must file GST returns and make payment of GST, within the due date.
Not filing a return of GST or filing it later than its due date attracts penalties on the concerned person. Each such penalty has some principles, which are as per the law. Let us understand the concerned penalty in this case.
The Penalty For Late Filing And Not Filing a GST Return
Based on your gst no.,you are required to file a return of GST on its due date. Failure to do so will attract consequences. Filing a return, later than the day on which it was expected, draws a penalty in the form of a late fee.
Currently, the new price is capped at INR 100 per day, under the Central Goods and Services Tax (CGST) and State Goods and Services Tax (SGST). This fine amounts to a total of INR 200 in a penalty for each day that the return remains unfilled.
There is a limit of INR 5000 on the maximum amount of penalty which can be imposed on such defaulter. Incidentally, the Integrated Goods and Services Tax (IGST) does not attract any late fee on the delayed filing of a GST return.
The defaulter will also be required to pay interest on the amount of default at the rate of 18%, calculated annually. This interest is calculated starting from the next day of the due date of filing, until the time of payment of the late fee. The late fee is also known as the amount of overdue fine in some cases.
Any business registered under the GST system of taxation will become liable for payment of late fee if the return is filed beyond the due date set for the purpose. It is important to remember that the late fee shall also be applicable even if the return happens to be a NIL return.
Even if there is no amount to file in return, it is mandatory to fulfil the procedural requirement. Similarly, in case a GST return is not filed, even after its due date, a penalty shall be attracted on such defaulter.
In such event, the defaulter shall be unable to file any subsequent returns as well. This rule applies to the period as well as different types of GST returns as well. The cascading effect of such default shall attract hefty fines until the return has been filed.
What Are The Different Return Forms Applicable Under GST?
There are multiple forms for filing return of GST, as stated below:
- GSTR-1, GSTR-3B, GSTR-5, GSTR-5A, GSTR-6, GSTR-7 & GSTR-8 is to be filed monthly, but the due date of each of these returns fall on a different date.
- GSTR-4, GST-ITC-4 are to be filed quarterly.
- GSTR-9, GSTR-9A, GSTR-9B & GSTR-9C fall due for filing annually.
- GSTR 10 to be filed within three months from the time of cancellation.
As per stated guidelines, a notice shall be issued to a defaulter in the event of failure to furnish a GST return. Such notice is given in Form GSTR 3A. Within 15 days from the issuance of this notice, the registered dealer under GST is liable to file their return.
In the event where the defaulter yet again fails to file the return, their tax liability shall be assessed by the concerned authorities, and they shall be liable to make payment of penalty and interest, along with the amount of tax owed.
In an instance where the tax filer files their due return before issuing of an order of assessment against them, the validity of Form GSTR 3A is considered invalid.
Usually, all registered taxpayers under GST receive a system-generated message, three days before the due date of filing of return. After that, a note is sent to the defaulter to intimate them of their failure to file the return.
Subsequently, form GSTR 3A is issued after the due date has passed, asking the defaulter to furnish the return within 15 days.
The above information will prove useful if you want guidance about filing taxes. It is essential to stay updated regarding the latest news on GST. The gst wiki is a reliable way to gather information about the different due dates.