GST Update on waiver of penalty in respect of GSTR 3B
By: – Pradeep Jain
Goods and Services Tax – GST
Dated:- 8-11-2017
GST Update on waiver of penalty in respect of GSTR-3B:-
Press Release dated 24th October, 2017 was issued by Government to announce the waiver of late fee on filing of GSTR-3B for August and September, 2017. In this press release it was stated as follows:-
"Electronic cash ledger of the taxpayers who have already paid the late fee on filing of GSTR-3B either for the month of August or September, 2017 or those who pay such fee before the necessary changes are carried out in the IT system will be credited with the amount of late fee so paid by them. The enabling notifications are being issued shortly.&
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The analysis of above notification makes it clear that only the late fee has been waived. There is no indication that the late fees already paid will be refunded.
However, the notification is viable also as the same has been issued in the powers conferred by section 128 of the CGST Act, 2017. This section reads as follows:-
"The Government may, by notification, waive in part or full, any penalty referred to in section 122 or section 123 or section 125 or any late fee referred to in section 47 for such class of taxpayers and under such mitigating circumstances as may be specified therein on the recommendations of the Council."
This section simply grants the power the waive the penalty or late fees. It does not grant the
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