Page 33 - GSTL_27th August 2020_Vol 39_Part 4

2020 ] LATE FEE UNDER GST LAWS J89

LATE FEE UNDER GST LAWS

By
CS Dr. M. Govindarajan
PRACTISING COMPANY SECRETARY

Filing of returns
Under Central Goods and Services Tax Act, 2017 (‘Act’ for short) pro-
vides for filing the following returns by the registered person within the stipulat-
ed time as mentioned under the provision of the Act and the rules made there-
under -
• Form GSTR-1 - Details of outward supplies of goods or services -
under Section 37;
• Form GSTR-2 - Details of inward supplies of goods or services - un-
der Section 38;
• Form GSTR-3 - Monthly return (not yet effected and Form GSTR-3B
is available as an alternative way)
• Form GSTR-3B - Details of outward supplies and inward supplies;
• Form GSTR-4 - Return for composition levy - under Section 39(2);
• Form GSTR-5 - Return by non-resident taxable person - under Sec-
tion 39(5);
• Form GSTR-5A - Details of supplies of online information and data-
base access or retrieval services by a person located outside India
made to non-taxable persons in India.
• Form GSTR-6 - Return for Input Service Distributor - under Section
39(4);
• Form GSTR-7 - Return for TDS - under Section 39(3);
• Form GSTR-9 - Annual Return - under Section 44(1);
• Form GSTR-9A - Annual Return for Composition taxpayer - under
Section 44;
• Form GSTR-9C - Reconciliation Statement - under Section 44(2);
• Form GSTR-10 - Final Return - under Section 45.
Late fee
Section 47 of the Act provides for the levy of late fee in case of delayed
filing of returns. 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 ` 100/- for every day during which such failure continues
subject to a maximum amount of ` 5,000/-.
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 ` 100/- for every day during which such failure continues subject to a maxi-
mum of an amount calculated at a 0.25% of his turnover in the State or Union
territory.
GST LAW TIMES  27th August 2020  33