GSTR 3B late fees: Key considerations

27 Jun 2022 | Finance

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Hooshang Bakht

Brego Business was started with a mission to make entrepreneurship easy. Our goal is to help business owners grow and scale without having to deal with the day-to-day stress of running a business. We specialize in providing services that help business owners grow their businesses, including Digital Marketing, search engine marketing (SEM), social media marketing (SMM), LinkedIn marketing, video production, accounts receivable (AR), accounts payable (AP), internal audit, VCFO, and recruitment. We have helped more than 500 brands grow their businesses. We work closely with clients to understand their unique needs and develop customized strategies that deliver measurable results.

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Fee for GSTR 3B

A regular GST taxpayer has to file GSTR 3B return. GSTR 3B has the details of outward Supplies made and also information of Input Tax Credit. GSTR 3B can be filed between 20 to 24th days of the next month that may be extended by the government. Let us look at the charges levied if GSTR 3B is filed late.

How to Calculate Late Fee for GSTR 3B

As Per Section 47 of the CGST Act, 2017- Starting Immediately After the Due Date

The late fee for GSTR-3B is Rs. 20 (CGST-Rs 10 and SGST-Rs. 10 ) per day in case of NIL tax liability and capped at Rs 500. In case of tax liability if is Rs. 50 (CGST-Rs 25 and SGST-Rs 25) per day capped at different Annual Aggregate Turnover limits. Let us explain in detail below.

  1. For those with nil tax liability, the late fee is Rs 20 per day and capped at Rs 500.
  2. For those having tax liability with AATO (Annual Aggregate Turnover) i.e., yearly sales of up to Rs 1.5 crore, the late fee is Rs 50 per day and capped at Rs 2000.
  3. For those having tax liability with AATO (Annual Aggregate Turnover) i.e., yearly sales between Rs 1.5 crore to Rs 5 crore, the late fee is Rs 50 per day and capped at Rs 5000.
  4. For those having tax liability with AATO (Annual Aggregate Turnover) i.e. yearly sales are above Rs 5 crore, the late fee is Rs 50 per day and the maximum late fee for GSTR 3B is capped at Rs 10,000.

In the case of non-filing of GSTR 3B, late fees will be levied daily till it hits the capping limit. These late fees are added to the next month’s GSTR 3B return. This cannot be edited and no return can be filed until the payment of late fees.

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Interest on Late Fee For GSTR 3B- As Per Section 50 – Starting Immediately After The Due Date

If the taxpayer has failed to pay taxes within the time prescribed, then starting immediately after the due date, an interest of 18% will be charged to them. This 18% interest is required to be paid on the condition the cash ledger balance is used to pay the tax. But if the taxpayer has sufficient input tax credit and does not pay taxes through net banking, challans, and from the balance already in the cash ledger, then they are not liable to pay interest on the amount. Please note that there is no limit or cap in case of interest.

Penalty After 3 Months Of Due Date-As Per Section 122(1)(iii) 

If the collected tax liability for GSTR 3B is not paid within three months of the due date, the taxpayer will be subjected to a penalty for the late fee for GSTR 3B. The penalty amount will be either the amount not paid or a minimum of Rs 20,000, whichever is greater. To avoid such penalties, it is crucial to ensure that you pay your tax liabilities on time and stay compliant with the GST regulations. 

 

Remember that the late fee for GSTR 3B can be quite substantial, and failing to pay on time can result in additional charges, interest, and other punitive actions. Therefore, it is essential to keep up with the deadlines and ensure timely payment of your GST and other tax liabilities to avoid any unnecessary fees or penalties. In conclusion, staying compliant with the regulations and paying your tax liabilities on time is critical to avoid the late fee for GSTR 3B and maintain compliance with the relevant tax laws and regulations.

Conclusion

Submitting your GST and other tax liabilities on time is crucial to avoid incurring late fees for GSTR 3B. Late filing of GSTR 3B attracts a penalty fee that can be quite substantial, so it is essential to adhere to the deadline to avoid such penalties. Therefore, it is imperative to ensure that you submit your returns on time to avoid being penalized with the late fee for GSTR 3B

 

Remember, failing to submit your returns on time can result in additional charges, interest, and other punitive actions, so make sure to keep up with the deadlines and stay compliant with the regulations to avoid any unnecessary fees or penalties. In conclusion, timely submission of your GST and other tax liabilities and paperwork is critical to avoid the late fee for GSTR 3B and maintain compliance with the relevant tax laws and regulations.

Read Our More Blogs: How to Register for GST

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Frequently asked questions

What is GSTR 3B?

GSTR 3B is a monthly return filed by registered taxpayers to report their sales and purchases for the previous month and pay their tax liability.

What is the late fee for GSTR 3B?

The late fee for GSTR 3B is Rs. 50 per day for late filing of GSTR 3B for each Act. This means that the total late fee for Central GST (CGST) and State GST (SGST) would be Rs. 100 per day.

When is the late fee applicable for GSTR 3B?

The late fee for GSTR 3B is applicable when a taxpayer fails to file their GSTR 3B return by the due date. The due date for GSTR 3B is the 20th of the following month.

What is the penalty for late filing of GSTR 3B?

In addition to the late fee, a penalty of Rs. 5,000 may be levied for late filing of GSTR 3B if the return is filed after the due date but before the due date of the return for the month of September following the end of the financial year.

Is the late fee for GSTR 3B applicable to all taxpayers?

Yes, the late fee for GSTR 3B is applicable to all taxpayers, including those who have no tax liability or those who have already paid their tax liability.

Can the late fee for GSTR 3B be waived?

The late fee for GSTR 3B can be waived by the GST Council in certain circumstances, such as natural calamities, technical glitches in the GST portal, and other circumstances beyond the control of the taxpayer.

How is the late fee for GSTR 3B calculated?

The late fee for GSTR 3B is calculated on a per-day basis, starting from the due date until the date of filing. The total late fee is calculated as the number of days late multiplied by Rs. 50 per day for each Act.

Can the late fee for GSTR 3B be paid along with the tax liability?

Yes, the late fee for GSTR 3B can be paid along with the tax liability when filing the return. However, it is advisable to file the return on time to avoid incurring additional fees.

Can the late fee for GSTR 3B be challenged?

Taxpayers can file an application for waiver of late fee or penalty with the GST authorities. If the application is rejected, they can file an appeal before the Appellate Authority.

What happens if a taxpayer fails to file GSTR 3B for a long period of time?

If a taxpayer fails to file GSTR 3B for a long period of time, they may face legal action, including prosecution, as per the provisions of the GST Act.