Clearing The Confusion: Late Fees And Interest On Gst Returns Decoded

By Author: TaxHelpdesk
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Late fees and interest are imposed under the Goods and Services Tax (GST) regime in India when GST returns are not filed on or before the due dates. GST-registered individuals are required to file monthly returns twice a month, along with an annual return. It's essential to have a clear understanding of the late fees and interest charges associated with GST returns to ensure compliance and avoid penalties.

Late Fees under GST
Late fees under GST are charged based on the type of return filed:

Monthly Nil GST Return: Late fees are applicable for delays in filing monthly GST returns with no tax liability. A late fee of Rs. 20 per day is charged, with Rs. 10 under the CGST Act and the remaining amount under the SGST Act. In the case of interstate shipments, Rs. 20 is charged under the IGST Act.
Other than Nil Monthly GST Return: For delays in filing GST returns with tax liability, a late fee of Rs. 50 per day is levied, with Rs. 25 going to the Central Goods and Services Tax and Rs. 25 to the State/Union Territory Goods and Services Tax. For interstate supplies, the late fee is Rs. 50 per day by ...
... the 2017 Integrated Goods and Services Act. The maximum late fee limit set by the government is Rs. 5,000.
Annual Returns: Filing the annual return after the due date attracts a late fee of Rs. 200 per day (Rs. 100 CGST + Rs. 100 SGST/UTGST), with a maximum limit of 0.25% of the total annual turnover.
It's crucial to remember that taxpayers must use separate electronic cash ledgers to pay the late fees associated with the CGST, SGST, and IGST. When submitting taxes, the GST portal computes and shows these numbers automatically.

Interest on Late Fees under GST Returns
In addition to late fees, non-payment or delay in paying GST also attracts interest charges. The interest charges apply in the following cases:

Paying GST after the due date
Claiming excess Input Tax Credit (ITC)
Reducing output tax liability
Late payment of GST attracts an interest rate of 18%. Excess ITC claims and reduced liability attract an interest rate of 24%. The interest calculation starts from the day following the due date. To prevent late fees and interest costs, business owners must pay their GST obligations on time.

Strict Action against Non-Filers
The Central Board of Indirect Taxes and Customs has taken a strong stance against non-filers of GST returns. A recent meeting suggested that the GST registration of individuals who fail to file their returns for six or more return periods should be cancelled. This highlights the importance of timely compliance with GST return filing requirements.

To ensure smooth operations and avoid penalties, taxpayers must stay updated on the due dates for filing GST returns, pay applicable late fees, and settle their tax liabilities promptly. By adhering to these guidelines, businesses can maintain a positive relationship with the tax authorities and ensure a hassle-free GST compliance process.

In conclusion, understanding the implications of late fees and interest on GST returns is vital for all GST-registered individuals in India. By staying compliant and adhering to the prescribed timelines, businesses can avoid penalties, maintain good standing with the tax authorities, and contribute to a seamless GST ecosystem.