Page 39 - GSTL_27th August 2020_Vol 39_Part 4

2020 ] LATE FEE UNDER GST LAWS J95
The Central Government further amended the Notification No. 76/2018-
C.T. vide Notification No. 57/2020-C.T., dated 25-6-2020. Vide this notification
the Central Government inserted two additional provisos to the Notification No.
76/2018-C.T.
According to the newly inserted first proviso the taxpayers having an
aggregate turnover of up to ` 5 crores in the preceding financial year, who failed
to furnish the return in Form GSTR-3B for the months of May, 2020 to July, 2020,
by the due date but furnish the said return till the 30th day of September, 2020,
the total amount of late fee under Section 47 of the said Act, shall stand waived
which is in excess of ` 250/- and shall stand fully waived for those taxpayers
where the total amount of Central Tax payable in the said return is nil.
According to the newly inserted second proviso the taxpayers having an
aggregate turnover of more than ` 5 crores in the preceding financial year, who
failed to furnish the return in Form GSTR-3B for the months of May, 2020 to July,
2020, by the due date but furnish the said return till the 30th day of September,
2020, the total amount of late fee under Section 47 of the said Act, shall stand
waived which is in excess of ` 250/- and shall stand fully waived for those tax-
payers where the total amount of central tax payable in the said return is nil.
Form GSTR-4
Vide Notification No. 73/2017-C.T., dated 29-12-2017, the Central Gov-
ernment waived the late fee to any registered person for failure to furnish the
return in Form GSTR-4 by the due date, which is in excess of an amount of ` 25/-
for every day during which such failure continues. Where the total amount pay-
able in lieu of Central Tax in the said return is nil, the amount of late fee by any
registered person for failure to furnish the said return by the due date shall stand
waived to the extent which is in excess of an amount of ` 10/- for every day dur-
ing which such failure continues.
Vide Notification No. 77/2018-C.T., dated 31-12-2018 the Central Gov-
ernment amended Notification No. 73/2017-C.T. in which second proviso was
inserted to this notification. The newly inserted second proviso provides that the
amount of late fee shall stand waived for the registered persons who failed to
furnish the return in Form GSTR-4 for the quarters from July, 2017 to September,
2018 by the due date but furnishes the said return between the period from
22-12-2018 to 31-3-2019.
Vide Notification No. 41/2018-C.T., dated 4-9-2018, the Central Govern-
ment waived the late fee paid by the registered persons who have filed the return
in FORM GSTR-4 for the period October to December, 2017 by the due date but
late fee was erroneously levied on the common portal.
Form GSTR-5
Vide Notification No. 5/2018-C.T., dated 23-1-2018, the Central Govern-
ment waived the amount of late fee payable by any registered person for failure
to furnish the return in Form GSTR-5 by the due date which is in excess of an
amount of ` 25/- for every day during which such failure continues. Where the
total amount of Central Tax payable in the said return is nil, the amount of late
fee payable by such registered person for failure to furnish the said return 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.
GST LAW TIMES  27th August 2020  39