Seeks to fully waive the amount of late fees leviable on account of delayed furnishing of FORM GSTR-4 for the period July, 2017 to September, 2018. 

Section 47 of CGST Act 2017: Levy of Late Fee (CHAPTER IX – RETURNS)

(1) Any registered person who fails to furnish the details of outward or inward supplies required under Section 37 or Section 38 or returns required under Section 39 or Section 39 by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees.

(2) Any registered person who fails to furnish the return required under Section 44 by the due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent. of his turnover in the State or Union territory.

Note: Initially a penalty of Rs. 200 per day was levied if the GSTR 4 was not filed which has been reduced to Rs. 50 per day of default via notification no 73/2017 Central Tax. Additionally the late fees for NIL return in GSTR 4 is Rs. 20 per day of delay. It is to be noted that maximum penalty to be imposed is Rs. 5000/-(Rs10000/-  ). One has to keep in mind that if the GSTR 4 is not filed for a given quarter, then the taxpayer cannot file the next quarter’s return either.

Due dates for filing GSTR 4

Period Due Date
April-June 2018 18th July 2018
July-September 2018 18th Oct 2018
October-December 2018 18th Jan 2019
January-March 2019 18th April 2019

Notification No. 77/2018 – Central Tax— 31st December, 2018

“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 return in FORM GSTR-4 for the quarters from July, 2017 to September, 2018 by the due date but furnishes the said return between the period from 22nd December, 2018 to 31st March, 2019.”

CRUX OF NOTIFICATION:

Those taxpayer who delayed in Filling GSTR 4 up to September, 18 can fill the same during period 22nd December, 2018 to 31st March, 2019.

But those taxpayer who already filled the return (delayed return) along with penalty before 22nd December, 2018 will not be get refund of Late Fees paid—According to Interpretation of Notification No. 77/2018.

 LATE FEES CALCULATION TABLE:

Thanks for Reading—Wishing all  Taxguru members, readers and supporters a very healthy and prosperous New Year!

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