Late Fees Applied on GSTR-3B Filing

Team Masters India
Team Masters India at April 27, 2022

Like any other mechanism which is so huge, mammoth and hugely technological - complexities, intricacies and errors are bound to happen.

Similar in nature, is the recent fuzziness around GSTR-3B filing and the fines reflecting at the GST portal.

The due date for GSTR-3B is 20th of each month for the preceding month.

The system fetches data from GSTR-3B on the submission data and the data gets locked. No amendments of any sort can now be made until any notification is made by Government.

The late fees applies in the following cases:

  1. For instance, you submitted August’17’s return on 22nd September [D1] and filed it on 26th September [D2], the late fee in this case would be calculated for 20th – 22nd September and will reflect in the payment sheet of September return amounting to [2*100*2].
  2. The penalty for the gap between the date of submission [D1] and the date of filing [D2] will be borne by the taxpayer [22nd to 26th Sep], resulting to [4*2*100]. This gap which is being added in the return and reflecting at the GST portal is causing all the confusions.

Late-Fees-on-GSTR-3B There are primarily two sorts of late fees:

  • For late submission [ as shown in #1 above]
  • For late filing [ as shown in # 2 above]

The GST provisions suggest that ‘returns submitted and filed after due date are exposed to a late filing fee, which is computed from the due date of return filing to the actual date of filing.

However, there is still some muddle around on the returns submitted before the due date but filed after the due date.

As a generic thumb rule, any late fines on returns should be applicable at the time of filing that return and should not be carried forward to avoid any complexities thereafter.

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