Late Fees For Various GST Returns

Late Fees under GST for Various Returns

Table of Contents

Applicability

GST Department charges late fees on delay in filing GST return. Section 47 of CGST Act governs the late fee on various GST Returns which is updated time to time via notification by the GST Department.

Late Fee on GSTR-1 and GSTR-3B

Turnover in Previous Financial YearPer Day Late FeeMaximum Late Fee
Zero/Nil ReturnRs 20Rs 500
Upto 1.5 CroreRs 50Rs 2,000
From 1.5 Crore to 5 Crore Rs 50Rs 5,000
Above Rs.5 CroreRs 50Rs 10,000
The above penalty is applicable on the delay in filing of each GSTR-1 and GSTR-3B (whether opted monthly or quarterly). The above late fee is applicable from 01st June 2021 onwards as per Notification 19/2021 of Central Tax.

Notes :- Currently, GST portal is not charging any late fees on late filing of GSTR-1. However, it is applicable and may be later recovered by the GST department. The chances are remote but the GST Department has the right to claim the late fees on late filling of GSTR-1. Also, there is no late fees in case of Invoice Furnishing Form (IFF) as it is optional.

Late Fee on GSTR-4 (Annual Return for Composition Taxpayers)

Turnover in Relevant Financial YearPer Day Late FeeMaximum Late Fee
Zero/Nil ReturnRs 20Rs 500
Other Than NilRs 50Rs 2,000
The above late fee is applicable from financial year 2021-22 onwards as per Notification 21/2021 of Central Tax.

Notes : – Only interest is applicable on delay in filing of CMP-08. There is no late fee because it is a statement not a return.

Late Fee on GSTR- 9 and GSTR- 9C (Annual Return for Regular Taxpayers)

Turnover in Relevant Financial YearPer Day Late FeeMaximum Late Fee
Upto Rs 2 Crore*No Late FeeNot Applicable
From 2 Crore to 5 Crore**Rs 500.04% of the Turnover
in the State or UT
From 5 Crore to 20 Crore**Rs 1000.04% of the Turnover
in the State or UT
Above Rs 20 Crore***Rs 2000.50% of the Turnover
in the State or UT
* Exempted the registered person who has the annual turnover up to Rs 2 crore for FY 23-24 as per Notification 14/2024 of Central Tax. Similarly, exemption notifications has been released for previous financial years as well.
** The above late fee is applicable from financial year 2022-23 onwards as per Notification 7/2023 of Central Tax.
*** The above late fee is applicable is as per Section 47(2) of the CGST Act 2017.

Notes: – GSTR-9C is an additional requirement along with GSTR-9 for the taxpayers whose turnover exceeds Rs.5 Crore. It is a reconciliation statement for matching the Annual Return with the final books of accounts of the Taxpayer. So there is no separate late fee for delay filling of GSTR-9C as it can not be filled separately. GSTR-9C can be filled once GSTR-9 is filled. So, late fee will be levied on delay filling of GSTR-9 only which is given in above table. Also, there is no late fee on delayed filing of NIL GSTR-9 & with turnover up to Rs.2 Crore as it is optional for the small businesses whose turnover is up to Rs.2 Crore. Also, annual return for any financial year cannot be filed after the expiry of three years from the due date of furnishing the annual return as per Section 44(2) of CGST Act 2017.

Late Fee on GSTR-10 (Final Return u/s 45)

TurnoverPer Day Late FeeMaximum Late Fee
GSTR- 10 (Final Return)Rs 200Rs 10,000
The due date to file GSTR-10 is three months from the date of cancellation order. This late fee is falls under the general late fees defined under section 47 of CGST Act 2017.

Notes: – It is advisable in order to avoid any late fee you should keep filling nil GST returns after filing application for cancellation of GSTIN till the date your GST stand cancelled. This is to avoid late fees if the application is rejected by the GST officer.

Late Fee on GSTR-5 (Non Resident Taxable person)

Return TurnoverPer Day Late FeeMaximum Late Fee
Zero/Nil ReturnRs 20Rs 10,000
Other Than NilRs 50Rs 10,000
The above late fee is applicable from financial year2017-18 onwards as per Notification 21/2021 of Central Tax.

Notes: – The maximum late fee is as per Section 47 of the CGST Act 2017.

Late Fee on GSTR-7 (TDS Return under GST)

Return TurnoverPer Day Late FeeMaximum Late Fee
Zero/Nil ReturnNo Late FeeNot Applicable
Other Than NilRs 50Rs 2,000
The above late fee is applicable from the month of June 2021 onwards as per Notification 23/2024 of Central Tax.

Late Fee on IFF, GSTR 1A and CMP 08

Invoice Furnishing Form (IFF) – IFF is an optional return for the regular taxpayer who has opted for QRMP (Quarterly Return Monthly Payment) option. There is no late fees as the option to file IFF get lapsed after the due date i.e. 13th of the month.

GSTR 1A : GSTR1A is an optional return which you can file after filing GSTR1 but before filing GSTR3B. There is no late fee on GSTR-1A as it  is optional and not mandatory.

CMP-08 – There is no late fee for delayed filing of Form GST CMP-08 because it is a statement not a return. However, late filing of CMP-08 will attract interest for late deposit of GST.

General Late Fees

The general late fee define under section 47 for various returns is Rs.100 per day subject to a maximum late fee of Rs. 5,000. Similarly, States GST acts have the same amount of penalty. In nutshell, the general late fee for various return which is not defined anywhere is Rs. 200 per day (Rs. 100 under CGST and Rs. 100 under SGST) subject to a maximum late fee of Rs. 10,000/- (Rs. 5,000 under CGST and Rs. 5,000 under SGST). However, no penalty for delay in filing return is defined under IGST Act.

Confused about complicated laws? Take our consultation services to get your issues solved . Click here to know more.

Read More Articles

Section 44ADA – Presumptive Taxation Scheme for Professionals

From financial year 2016-17, a new Section 44ADA is introduced for presumptive income for professionals. This section is similar to section 44AD for traders. Under this section professionals such as legal, medical, engineering, architect, accountancy, technical consultancy, interior decoration or any

Read Article »

Registration Under GST

Topic Covered in this Article Persons required to register compulsorily Documents Required for Registration Fees for Registration Voluntary Registration Time Limit for Registration Effective Date of Registration Requirements for Registration Can a person take more than one GSTIN Things that

Read Article »

GST on Import

Article 269A of constitution mandates that import of goods or services in India is considered as Inter-state trade. Therefore, import of goods or services is considered as interstate supply and is liable for payment of IGST. IGST on the import

Read Article »

Subscribe

We will send updates relating to GST only

(No spam, you can unsubscribe anytime)