There is a confusion on calculation of Late fees on GSTR-1 for the pending returns which are still not filed up to 10th of Jan. 2020 and question is asked about calculation of Late fees on GSTR-1 which will be filed after 10th Jan 2020.
The Notification No. 4/2018–Central Tax Dated 23rd January 2018 is issued in this respect and from this notification it is clear that the late fees in this respect will be calculated from the due date of the respective GSTR-1 if ending returns are filed after 10th JAN 2020.
Let us see the exact language of the relevant part of the Notification No. 4/2018:-
“Provided also that the amount of late fee payable under section 47 of the said Act shall stand waived for the registered persons who failed to furnish the details of outward supplies in Form GSTR-1 for the Months/quarters from July, 2017 to November 2019 by the due date but furnishes the said details in Form GSTR-1 between the period from 19th December, 2019 to 10th January, 2020”.
Further one more problem is attached with late fees of GSTR-1 about the Late GSTR-1 filed “before 19th Dec. 2019” and the Government should issue a logical and rational Notification for it also.The Notification is very clear that the waiver of the late fees is only effective on for the returns filed between “19th December 2019 to 10th January 2020” and if returns are filed after 10th January 2010 “Late fees will be charged from the due date of these returns”.