Page 34 - GSTL_27th August 2020_Vol 39_Part 4

J90 GST LAW TIMES [ Vol. 39
Waiver of late fee
Section 128 of the Act empowers the Central Government to waive any
penalty under Section 47 of the Act for such class of taxpayers and under such
mitigating circumstances as may be specified therein on the recommendations of
the Council.
Form GSTR-1
Vide Notification No. 4/2018-C.T., dated 23-1-2018 the Central Govern-
ment waived the late fee payable by any registered person for failure to furnish
the details of outward supplies for any month/quarter in Form GSTR-1 by the
due date which is in excess of an amount of ` 25/- for every day during which
such failure continues. Where there are no outward supplies in any
month/quarter, the amount of late fee payable by such registered person for
failure to furnish the said details by the due date shall stand waived to the extent
which is in excess of an amount of ` 10/- for every day during which such failure
continues.
The above said notification was amended by Notification No. 75/2018-
C.T., dated 31-12-2018 in which a second proviso was inserted to Notification No.
4/2018-C.T. The newly inserted second proviso provides that the amount of late
fee payable shall stand waived for the registered persons who failed to furnish
the details of outward supplies in Form GSTR-1 for the months/quarters from
July, 2017 to September, 2018 by the due date but furnishes the said details in
Form GSTR-1 between the period from 22-12-2018 to 31-3-2019.
Waiver for certain places
Vide Notification No. 41/2019-C.T., dated 31-8-2019, the Central Gov-
ernment waived the late fee payable by the registered persons whose principal
place of business is in certain districts of certain States mentioned in Table given
in the notification, having aggregate turnover of more than ` 1.5 crore in the pre-
ceding financial year or the current financial year, who have furnished, electroni-
cally through the common portal, details of outward supplies in for the month of
July, 2019, on or before the 20-9-2019 and the registered persons whose principal
place of business is in the State of Jammu and Kashmir, for the month of July,
2019, on or before the 20-9-2019 and further postponed to 11-10-2019 by Notifica-
tion No. 48/2019-C.T., dated 9-10-2019.
The Notification No. 41/2019-C.T. was amended by Notification No.
48/2019-C.T., dated 9-10-2019 by which the Central Government waived the late
fee payable by the registered persons whose principal place of business is in the
State of Jammu and Kashmir, having aggregate turnover of more than ` 1.5 crore
in the preceding financial year or the current financial year, who have furnished,
electronically through the common portal, details of outward supplies in Form
GSTR-1 for the month of August, 2019, on or before the 11-10-2019, for failure to
furnish the said Form GSTR-1 by the due date.
Further amendment to Notification No. 4/2018-C.T.
The Notification No. 4/2018-C.T. was further amended by Notification
No. 74/2019-C.T., dated 26-12-2019 in which third proviso has been inserted. The
newly inserted third proviso provides that the amount of late fee payable under
Section 47 of the said Act shall stand waived for the registered persons who
failed to furnish the details of outward supplies in Form GSTR-1 for the
months/quarters from July, 2017 to November, 2019 by the due date but furnish-
es the said details in Form GSTR-1 between the period from 19-12-2019 to
10-1-2020.
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