Goods and Services Tax – GST – By: – Mr. M. GOVINDARAJAN – Dated:- 18-9-2018 Last Replied Date:- 20-9-2018 – Late fee Section 47 of the Central Goods and Services Tax Act, 2017 ( Act for short) provides for the levy of late fee in case of belated filing of returns that are required to be filed under the Act. Section 47(1) provides that 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 45 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. Section 47(2) provides that 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 Sta
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which the tax is payable on reverse charge basis under this Act and inward supplies of goods or services or both taxable under the Integrated Goods and Services Tax Act or on which integrated goods and services tax is payable under section 3 of the Customs Tariff Act, 1975 (51 of 1975) , and credit or debit notes received in respect of such supplies during a tax period after the tenth day but on or before the fifteenth day of the month succeeding the tax period in Form GSTR – 2. Return – Form GSTR – 3B Rule 61(5) provides for filing form GSTR – 3B every month since the time limit for furnishing of details in Form GSTR-1 under section 37 and in Form GSTR-2 under section 38 has been extended within 20th of the following month. Return under section 39 Section 39 provides that the following registered person shall file returns in the required form periodically within the due dates as mentioned below- Quarterly return The service providers who opted to pay tax under composition scheme is t
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, tax paid and such other particulars as may be prescribed on or before 20th of the following month. Final Return under section 45 Section 45 provides that every registered person who is required to furnish a return under section 39(1) and whose registration has been cancelled shall furnish a final return within three months of the date of cancellation or date of order of cancellation, whichever is later, in Form GSTR – 10. Annual Return under section 44 Section 44(1) provides that every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52, a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in Form GSTR – 9 on or before the thirty-first day of December following the end of such financial year. Section 44(2) provides that every registered person who is required to get his accounts audited in accordance with the provisions of sub-section (5) of section
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ed. Vide Notification No.28 /2017 – Central Tax, dated 01st September, 2017, the Central Government, on the recommendations of the Council, waived the late fee payable, for all registered persons who failed to furnish the return in FORM GSTR-3B for the month of July, 2017 by the due date. Vide Notification No. 50/2017 – Central Tax, dated 24th October, 2017, the Central Government, on the recommendations of the Council, waived the late fee payable for all registered persons who failed to furnish the return in FORM GSTR-3B for the months of August and September, 2017 by the due date. Vide Notification No. 22 /2018 – Central Tax, dated 14.05.2018, the Central Government, on the recommendations of the Council, waived the late fee payable for failure to furnish the return in FORM GSTR-3B by the due date for each of the months from October, 2017 to April, 2018, for the class of registered persons whose declaration in FORM GST TRAN-1 was submitted but not filed on the common portal on or bef
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every day during which such failure continues. Vide Notification No. 73/2017 – Central Tax, dated 29th December, 2017, the Central Government, on the recommendations of the Council, waived the amount of late fee payable, by any registered person for failure to furnish the return in FORM GSTR-4 by the due date, which is in excess of an amount of twenty five rupees for every day during which such failure continues. Where the total amount payable in lieu of central tax in the said return is nil, the amount of late fee payable, by any registered person for failure to furnish the said return by the due date shall stand waived to the extent which is in excess of an amount of ten rupees for every day during which such failure continues. Vide Notification No. 4/2018 – Central Tax 23rd January, 2018, the Central Government, on the recommendations of the Council, waived the amount of late fee payable by any registered person for failure to furnish the details of outward supplies for any month/q
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waived to the extent which is in excess of an amount of ten rupees for every day during which such failure continues. Vide Notification No. 6/2018 – Central Tax, dated 23rd January, 2018, the Central Government, on the recommendations of the Council, waived the amount of late fee payable by any registered person for failure to furnish the return in FORM GSTR 5A by the due date which is in excess of an amount of twenty-five rupees for every day during which such failure continues. Where the total amount of integrated 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 by the due date shall stand waived to the extent which is in excess of an amount of ten rupees for every day during which such failure continues. Vide Notification No. 7/2018 – Central Tax, dated 23.01.2018, the Central Government, on the recommendations of the Council, waived the amount of late fee payable by any registered person for fail
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prevent uploading of the returns were cited. The High Court held that this is not a case where the petitioners are espousing the cause of a weaker section of the society who, on account of hardships and handicaps inherently faced by them, is unable to knock the door of justice. The public interest jurisdiction of the High Court and the Supreme Court, over a period of time, has been considerably expanded to take within its sweep range of issues not confined to the assertion of rights of weaker sections of the society or the marginalized groups. The petitioners who are themselves active tax consultants and tax practitioners indirectly concerned with the same. There is no reason why such an issue should be examined in a public interest petition when, as noted above, the group of persons whom the statute affects does not suffer from any handicap preventing them from taking up the litigation themselves and pursuing it. The High Court dismissed the writ petition. – Reply By pankaj singla – T
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