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Friday, November 17, 2017

Late fee prescribed for GSTR-3B taxable returns and NIL returns from October 2017 onwards in India

Waiver of the amount of late fee payable by any registered person for failure to furnish the return in FORM GSTR-3B for the month of October, 2017 onwards by the due date


The Goods and Services Tax Act, 2017 came into force in India with effect from 1.7.2017.

During the months of July 2017, August 2017 and September 2017 late fee of Rs.200.00 per day (CGST Rs.100.00 + SGST Rs.100 = Rs. 200.00) was levied and collected automatically the GST Portal for delay in filing of FORM GSTR-3B.  The Central Government has waived the late fee payable for all registered persons who failed to furnish the return in FORM GSTR-3B for the months of July, August and September, 2017 by due dates.

The Central Government has now issued notification that waiver of amount of late fee payable by any registered person for failure to furnish the return in FORM GSTR-3B for the month of October, 2017 onwards by the due date under section 47 of the said Act, which is in excess of an amount of twenty five rupees for every day during which such failure continues, provided that where the total amount of central tax payable in the said return is nil, the amount of late fee payable by such registered person for failure to furnish the said return for the month of October, 2017 onwards by the due date under section 47 of the said Act shall stand waived to the extent which is in excess of an amount of ten rupees for every day during which such failure continues.

In simple belated submission of FORM GSTR-3B will attract late fee of Rs. 25.00 per day for CGST Act and Rs.25.00 per day for SGST Act for tax due returns and Rs. 20.00 per day for CGST Act and Rs. 20.00 per day for SGST Act for NIL returns from October 2017 onwards.  

The relevant Central Government Notification is given below for ready reference:


[To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section
(i)]


Government of India Ministry of Finance Department of Revenue
Central Board of Excise and Customs

Notification No. 64/2017 – Central Tax

New Delhi, the 15th November, 2017

G.S.R……(E):- In exercise of the powers conferred by section 128 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this notification referred to as the said Act), the Central Government, on the recommendations of the Council, hereby waives the amount of late fee payable by any registered person for failure to furnish the return in FORM GSTR-3B for the month of October, 2017 onwards by the due date under section 47 of the said Act, which is in excess of an amount of twenty five rupees for every day during which such failure continues:

Provided that where the total amount of central tax payable in the said return is nil, the amount of late fee payable by such registered person for failure to furnish the said return for the month of October, 2017 onwards by the due date under section 47 of the said Act shall stand waived to the extent which is in excess of an amount of ten rupees for every day during which such failure continues.





[F. No. 349/58/2017-GST(Pt)]




(Dr.Sreeparvathy S.L.) Under Secretary to the Government of India
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