In our earlier blog on the consequences of non-compliance under GST, we had learnt that when tax is not paid on time, interest will be applicable and when a return is not furnished, late fee will be applied.
Form GSTR-3B is a summarised return to be furnished by regular dealers for the first 6 months of GST implementation, i.e. July ’17 to December ’17. If a tax payer has not furnished Form GSTR-3B for July and/or August, what will be the penalty? Will he have to pay late fee and interest or only interest or only late fee? Let us understand the same.
Penalty for not filing GSTR-3B for July ‘17
The due date of payment of tax for July ‘17 was 25th August, ’17. The due date for GSTR-3B filing was 25th August, ’17 for persons who chose not to claim input tax credit (ITC) of the previous tax regime in Form GSTR-3B and 28th August for persons who chose to claim ITC of the previous tax regime in Form GSTR-3B.
Penalty for not filing GSTR-3B for July, 2017
Interest
Interest @ 18% per annum has to be paid on the amount of tax not paid. It has to be calculated from 26th August ’17 till the date the amount is debited from the electronic cash ledger and/or electronic credit ledger.
Note: No late fee will be charged for not filing GSTR-3B for July, ’17.
Penalty for not filing GSTR-3B for August ‘17
The due date for payment of tax and furnishing of return for August ‘17 was 20th September, ’17.
Penalty for not filing GSTR-3B for August ‘17
Interest
Interest @ 18% per annum has to be paid on the amount of tax not paid. It has to be calculated from 21stSeptember, ’17 till the date the amount is debited from the electronic cash ledger and/or electronic credit ledger.
Late fee
Late fee of Rs. 200 (CGST of Rs. 100 and SGST of Rs. 100) per day has to be paid
Hence, persons who have not filed GSTR-3B for July, ’17 should make note that though late fee has been waived off, interest will be applicable for every day of non-payment of tax. Persons who have not filed GSTR-3B for August ‘17 will be liable to pay interest as well as late fee for every day of non-payment of tax.