Sponsored
    Follow Us:
Sponsored

“Explore the crucial GST return forms in India, from GSTR 1 to GSTR 9C. Learn about the due dates, consequences of delay, and relevant sections. Stay compliant to avoid interest and late fees.”

Various types of returns are prescribed with different due dates under the GST Law and filing of the same after the due date attracts late fee apart from Interest. In all there are 22 types of return forms prescribed under GST Law.

First let us go through the due dates of these largely used return forms under the GST Law:

Sr. No.

Form No. and Type Due Date Relevant Section and Rules
1 GSTR 1 – Details of outward supplies 11th of next month;

13th of next month following the end of the quarter.

Section 37
2 GSTR 3B – Summary of sales, ITC claim, tax liability and payment thereof 20th of next month;

22nd / 24th of next month following the end of the quarter*.

Section 39(1) read with Rule 61(1)
3 CMP 08 – Challan cum return statement for Composition Dealer 18th of next month following the end of the quarter Rule 62(1)
4 GSTR 4 – Annual Return for Composition Dealers 30th of April following the end of the relevant FY Section 39(2) read with Rule 62(1)
5 GSTR 9 – Annual Return (applicable for dealers having turnover of more than 2 Crore) 31st of December following the end of the relevant FY Section 44 read with Rule 80(1)

(Notification No. 10/2022 dated 05th July, 2022)

6 GSTR 9C – Self Certified reconciliation statement (applicable for dealers having turnover of more than 5 Crore) 31st of December following the end of the relevant FY Section 44 read with Rule 80(3)
7 GSTR 10 – Final Return in case of cancellation of registration Within three months from the date of order of cancellation or date of cancellation of registration, whichever is later Section 45 read with Rule 81

* Chhattisgarh, Madhya Pradesh, Gujarat, Maharashtra, Karnataka, Goa, Kerala, Tamil Nadu, Telangana or Andhra Pradesh or the Union territories of Daman and Diu and Dadra and Nagar Haveli, Puducherry, Andaman and Nicobar Islands and Lakshadweep states or UTs the due date is 22nd and for other north side states or UTs the due date is 24th of next month following the end of the quarter.

Following are the consequences of delay in filing these returns including Interest and Late Fee payable:

Sr. No.

Form No. and Type Consequences of delay Relevant Section, Rules and Notification
1 GSTR 1 – Details of outward supplies Late Fee:

  • Nil Outward supply in a tax period – Total Rs. 500 (CGST + SGST);
  • T/o up to 1.5 Crore in preceding FY – Total Rs. 2,000 (C + S);
  • T/o between 1.5 Crore to 5 Crore in preceding FY – Total Rs. 5,000 (C + S);
  • T/o more than 5 Crore – Total Rs. 10,000 (C + S).
Section 47 read with Notification No. 20/2021 dated 01st June, 2021.
2 GSTR 3B – Summary of tax liability and payment thereof Interest:

Simple Interest @ 18% p.a. on liability amount paid in cash.

Late Fee (after Jun 21):

  • Having Nil CGST payable in the said return – Total Rs. 500 (CGST + SGST);
  • T/o up to 1.5 Crore in preceding FY – Total Rs. 2,000 (C + S);
  • T/o between 1.5 Crore to 5 Crore in preceding FY – Total Rs. 5,000 (C + S);
  • T/o more than 5 Crore – Total Rs. 10,000 (C + S).

Restriction on furnishing GSTR 1 / IFF for following next period if GSTR 3B for the preceding month or quarter not furnished.

Issuance of notice under section 46 as return defaulter or Best Judgment Assessment under section 62.

Penalty of Rs. 10,000 or amount of tax collected but not paid whichever is higher as per section 122(1) – applicable after a period of three months from the due date of filing GSTR 3B of relevant period.

Section 50 for Interest calculation.

Section 47 read with Notification No. 19/2021 dated 01st June, 2021.

Rule 59(6)

3 CMP 08 – Challan cum return statement for Composition Dealer Interest:

Simple Interest @ 18% p.a. on liability amount paid in cash.

No late fee applicable for delay in filing CMP-08.**

Rule Section 50 for Interest calculation.
4 GSTR 4 – Annual Return for Composition Dealers Interest:

NIL

Late Fee (from FY 21-22 Onwards):

  • Having Nil CGST payable in the said return – Total Rs. 500 (CGST + SGST);
  • Other cases – Total Rs. 2000 (C + S).
Section 47 read with Notification No. 21 dated 01st June, 2021.
5 GSTR 9 – Annual Return (applicable for dealers having turnover of more than 2 Crore) Interest:

NIL

Late Fee (from FY 22-23 Onwards):

  • T/o upto 5 Cr – Rs. 50 (C + S) per day subject to 0.4% (C + S) of T/o;
  • T/o between 5 Cr to 20 Cr – Rs. 100 (C + S) per day subject to 0.4% (C + S) of T/o;
  • T/o above 20 Cr – Normal fee of Rs. 200 (C + S) per day subject to 0.5% (C + S) of T/o.
Section 47 read with Notification No. 07/2023 dated 31st March, 2023.
6 GSTR 9C – Self Certified reconciliation statement (applicable for dealers having turnover of more than 5 Crore) Interest:

NIL

Late Fee:

Normal fee of Rs. 200 (C + S) per day subject to 0.5% (C + S) of T/o.

Till FY 2019-20 there was no penalty as the filing of GSTR 9C was covered under section 35(5) read with Rule 80.

From FY 2020-21 the same is covered by section 44 read with Rule 80.

Section 47 read with section 44.

** https://tutorial.gst.gov.in/userguide/returns/FAQs_CMP02.htm?rhsearch=3B&rhhlterm=3b

Various notifications have been issued in the month of March, 2z023 waiving late fees for pending compliances pertaining to period FY 2017-18 to FY 2021-22, provided compliance is done before 30th June, 2023. The same are as under:

Sr. No.

Notification No. and Date Particulars of Notification
1 No. 2/2023– CT dated 31st March, 2023 Restriction on late fee to Rs. 500 (C + S) for GSTR 4 if filed before 30.06.2023 for the quarters Jul 17 to Mar 19 and for the FY 19-20 to FY 21-22.
2 No. 7/2023– CT dated 31st March, 2023 Restriction on late fee to Rs. 20,000 (C+S) for filing GSTR 9 before 30.06.2023 for the FY 17-18 to FY 21-22. For FY 22-23 onwards late fee will be as under:

1. T/o upto 5 Cr – Rs. 50 (C + S) per day subject to 0.4% (C + S) of T/o;

2. T/o between 5 Cr to 20 Cr – Rs. 100 (C + S) per day subject to 0.4% (C + S) of T/o;

3. T/o above 20 Cr – Normal fee of Rs. 200 (C + S) per day subject to 0.5% (C+S) of T/o;

3 No.8/2023– CT dated 31st March, 2023 Late fee on GSTR 10 (Final Return) restricted to Rs. 1,000 (C + S) if filed before 30.06.2023.

Sponsored

Author Bio

Qualified in 2008 with AIR 41. Engaged in providing consultancy and advisory services in the field of Taxation - Direct and Indirect. View Full Profile

My Published Posts

Provision of Section 43B(h) not applicable to Wholesale and Retail Trade Section 43B(h) Disallowance on account of payment to Micro or Small Enterprise Taxability of ESOP, ESPP and RSU received from Indian or Foreign Company under Income tax Act, 1961 Analysis of Clause 44 of Tax Audit Report Income tax emBridge Utility “Stopped” Status Resolution View More Published Posts

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Sponsored
Search Post by Date
November 2024
M T W T F S S
 123
45678910
11121314151617
18192021222324
252627282930