AMOUNT OF LATE FEE IN CASE OF NON-FILING OF GSTR-1 AND WHEN TO BE PAID?

As per Section 47 of CGST Act 2017, any registered person who fails to furnish GSTR-1(Detail of Outward Supply) by the due date is liable for late fee of Rs. 200/- per day (100/-Cgst+100/-Sgst) maximum up to Rs. 10,000/- (5000/-Cgst +5000Sgst)

As per notification no. 71/2017 & 72/2017 Central Tax, dated 29 December 2017, Due Dates of GSTR-1 are as follows

July – September, 2017 (Turnover up to Rs 1.5 Cr) – 10th January 2018

July – November, 2017 (Turnover above Rs. 1.5 Cr) – 10th January 2018

When to be paid :- There is no column in GSTR-1 to pay the late fees, but late fee will be calculate as per section 47 and will be paid at the time of filing of GSTR-3B/3.(Due date of filing of GSTR-3 yet to be notified).

Query-1 : If Mr. X file his GSTR-1 as on 15/01/2018 for the month of July 2017, what will be the late filing fee and when it will be payable.?

Reply : As per Section 47 of CGST Act 2017, Rs.100 Per day maximum up to Rs.5000/-. And the same provision will be apply as per SGST Act of respective state. In the above question delay is for 5 Days then Mr. X will liable to pay 100*5= 500/- in CGST and 500/- in SGST, Total Rs. 1000/-.

Mr. X will pay the late fee at the time of filing of GSTR-3B/3, Mr. X file his GSTR-1 dated 15/01/2018, no late fee will be shown but when he will file his GSTR-3B, suppose he is filing GSTR-3B for the month of December as on 16-01-2018, at that time he have to pay late fee (500 CSGT +500 SGST) for GSTR-1 for the month of July-2017.

Related Topic:
GST Late Fees and Interest Calculator on Late Filling

But in practical situation right now GST portal is not calculating late fee regarding late filing of GSTR-1. As per our view Govt may waive off late fee of GSTR-1. (No official notification regarding this). So it is advisable to all of you that file your GSTR-1 timely.

Some clients are facing system error (i.e. Authorized Signatory details not found or user not registered). It is advisable to them, use DSC (Digital Signature) to remove the error.

Query-2 : Reduced late Fee Rs. 25/- per day and Rs10 per day will be applicable to GSTR-1 or not.?

Reply : As per notification no. 64/2017 Central Tax dated 15 November 2017, reduced penalty will be applicable on late fee in case of GSTR-3B. So this will be not applicable in case of GSTR-1

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Kapil Jain

AMOUNT OF LATE FEE IN CASE OF NON-FILING OF GSTR-1 AND WHEN TO BE PAID?