Last updated: June 2nd, 2023 6:40 PM

Penalty for Late Filing of GST Return 3-B

Filing taxes is essential for every business, and the Goods and Services Tax (GST) is no exception. Under the GST regime, taxpayers are required to file various GST returns to ensure compliance with the law. One such return is GST Return 3-B, which plays a crucial role in the overall GST compliance process. This article will delve into the details of the penalty for late filing of GST Return 3-B, its implications, and steps to avoid such penalties.

What is GST Return 3-B?

GST Return 3-B is a self-declaration form that businesses registered under the GST regime in India must file monthly. This return summarises inward and outward supplies (sales, purchases, and tax liability of a taxpayer) made during a particular tax period. It includes the total taxable value, taxes paid, and input tax credit claimed. Return 3-B is a provisional return until the filing of final returns. This enables businesses to comply with tax obligations while developing detailed return forms. The due date for filing GST Return 3-B is usually the 20th of the subsequent month for businesses with a turnover of more than Rs. 5 crores. For businesses with a turnover of less than 5 crores, the due date for filing is the 22^nd or 24^th of the subsequent month, depending on the state wherein the business is located. Note: GST Return 3-B applies to regular taxpayers and composition scheme dealers, except for Input Service Distributors (ISDs), Non-Resident Taxable Persons, and entities liable to collect Tax Deducted at Source (TDS) or Tax Collected at Source (TCS).

Late Filing of GSTR 3-B

Failing to file GST Return 3-B within the prescribed deadline attracts penalties under GST law. The penalty for late filing includes the following categories:

1. Late Fees: A late fee is levied on a daily basis until the return is filed, meaning the number of days of delay. The current late fee structure for late filing of GST Return 3-B is Rs. 50 per day for CGST (Central Goods and Services Tax) and Rs. 50 per day for SGST (State Goods and Services Tax). Therefore, the total late fee amounts to Rs. 100 per day of delay. The maximum late fees to be charged depends on the turnover of the business:

• • For turnover of up to Rs. 1.5 crore: Rs. 2000.
  • For turnover between Rs. 1.5 crore and Rs. 5 crore:  Rs. 5000.
  • For turnover of more than Rs. 5 crore: Rs. 10000.

2. Interest: Besides the late fee, interest is charged on the tax amount unpaid or not paid in full by the due date. The interest rate is calculated at 18% per annum and levied on the outstanding tax liability from the due date until the date of payment.
3. Input Tax Credit (ITC) Restrictions: One of the significant consequences of late filing of GST Return 3-B is the restriction on the availing of input tax credit. According to the GST law, a taxpayer can claim ITC only if the supplier has reported the outward supplies in their respective GST returns. Suppose the recipient fails to report the inward supplies (i.e., the recipient's purchases) in their GST Return 3-B within the due date. In that case, the corresponding supplier's outward supplies are considered non-existent for ITC purposes. Therefore, late filing of GST Return 3-B may result in the denial of ITC, leading to increased tax liability.
4. Prosecution and Legal Consequences: In some instances, where a taxpayer continuously defaults in filing GST returns, including GST Return 3-B, the tax authorities may initiate legal proceedings. These proceedings can lead to penalties, fines, and even prosecution under the GST law. Taxpayers must ensure timely compliance with the GST return filing requirements to avoid any potential legal consequences.

Implications of Late Filing

Failing to file GST Return 3-B within the prescribed deadline can have various implications for businesses. These include:

1. Financial Loss: The accumulation of late fees and interest can result in a significant financial burden for businesses. Paying penalties reduces the available working capital and may affect the business's overall financial health.
2. Compliance Issues: Consistent late filing consequently leads to compliance issues, as non-compliance with GST regulations can attract further scrutiny from the tax authorities. Maintaining a good compliance record is important to avoid any unnecessary legal complications.
3. Input Tax Credit Restriction: Late filing of GST returns can restrict businesses from claiming input tax credits on their purchases. This can lead to a higher tax liability and reduced profitability.

How to Avoid Penalties?

To avoid penalties for late filing of GST Return 3-B, businesses should follow these best practices:

1. Maintain Proper Records: Accurate record-keeping of all invoices, purchase orders, and receipts is crucial for timely filing. Organized documentation subsequently ensures that the necessary information is readily available when preparing the return.
2. Timely Compliance: Taxpayers must adhere to the due date for filing GST Return 3-B to avoid penalties and consequences. Prompt compliance will help mitigate the risk of attracting late fees, interest charges, and ITC restrictions. Implementing robust internal processes and utilizing technology-driven solutions can assist in ensuring timely compliance.
3. Professional Assistance: Tax laws and regulations can be complex. Businesses should seek professional guidance to navigate the GST compliance landscape effectively. Engaging qualified CAs and tax consultants can help companies to stay updated with the latest GST provisions, filing deadlines, etc. This helps mitigate the risk of non-compliance.
4. Automation and Technology: Tools such as GST compliance software can evidently streamline the return filing process, thereby reducing errors and delays. Automation can help businesses ensure accuracy in reporting, minimize manual intervention, and facilitate the timely filing of GST Return 3-B.

Filing GST Return 3-B within the prescribed timeline is crucial for businesses to avoid penalties and maintain compliance with the GST law. The penalties for late filing include a daily late fee and interest on outstanding tax liability. By adopting good practices, utilizing technology, and seeking professional guidance, businesses can ensure timely filing, avoid penalties, and establish a seamless GST compliance process. Remember, staying proactive and adhering to the filing deadlines is the key to a hassle-free GST journey. IndiaFilings can help you file your GST returns securely and hassle-free.