Penalty for Late Filing of GST Return
Penalty for Late Filing of GST Return
GST return filing is mandatory for all persons having GST registration irrespective of turnover or profit. Hence, taxpayers even with no business activity or turnover in a month but registered with GST should file GST returns. Regular taxpayers shall file monthly GST returns and dealers registered under Composition Scheme shall file quarterly GST returns. However, any non-resident taxable persons shall file one return every month. In this article, we look at the penalty for late filing of GST return.
Types of GSTR Forms & its Due Dates
There are different types of GSTR Forms, such as GSTR-1 and GSTR-3B, and each has specific purposes and date of filing. The following table lists all the GSTR forms, descriptions, due dates, and applicability,
| GSTR Form | Description | Due Date | Applicability |
| GSTR-1 | Outward supplies of goods & services |
|
All registered taxpayers (except composition) |
| GSTR-3B | Monthly self-declaration of outward supplies, ITC claimed, tax liability & taxes paid |
|
All registered taxpayers |
| GSTR-4 | Annual return for composition taxpayers | 30th April of the following year | Composition taxpayers (turnover up to Rs. 1.5 crore for goods, Rs. 50 lakh for services) |
| GSTR-5 | Monthly return for non-resident foreign taxpayers | 20th of each month | Non-resident foreign taxpayers registered under GST |
| GSTR-5A | Summary return for outward supplies and tax by OIDAR providers | 20th of every month | OIDAR service providers |
| GSTR-6 | Monthly Return for Input Service Distributors (ISD) | 13th of every month | Input Service Distributors |
| GSTR-7 | Monthly return for TDS (Tax Deducted at Source) deductors | 10th of every month | Persons required to deduct TDS under GST |
| GSTR-8 | Monthly return for e-commerce operators collecting TCS (Tax Collected at Source) | 10th of every month | E-commerce operators registered under GST |
| GSTR-9 | Annual return for all registered taxpayers (except exceptions) | 31st December of following year | All registered taxpayers (except composition, casual taxable, ISD, non-resident taxable, TDS payers) |
| GSTR-9C | Annual self-certified reconciliation statement (turnover > Rs. 5 Crore) | Same as GSTR-9 (31st December of following year) | Taxpayers with turnover exceeding Rs. 5 Crore |
| GSTR-10 | Final return for cancelled or surrendered registration | Within 3 months of cancellation/order | Taxpayers whose registration is cancelled/surrendered |
| GSTR-11 | Refund claim return for UIN holders (foreign diplomatic missions/embassies) | Not specified | UIN holders seeking GST refund |
GSTR Filing – Late Fees & Penalty
Below, we have given the penalties and late fees for GSTR if you have not filed the GST returns within the due date,
GSTR-1 Late Fe
The current GSTR-1 late fee is ₹50 per day for regular taxpayers under the QRMP Scheme. For the nil returns, it is ₹20 per day after the due date.
GSTR-3B Late Fee
The Late Fee for Normal GSTR 3B Returns is ₹50 per day, while the late fee for Nil Returns is ₹20 Per day.
GSTR-4 Late Fee
If you didn’t file GSTR-4 within the due date, the late fee will be ₹200 per day. You will be charged ₹5000 at maximum. For failing to file Nil returns, you will be liable to pay ₹500 at maximum.
GSTR-5 Late Fee
The GSTR-5 late fee is ₹50 per day, except for nil returns, which incur a penalty of ₹20 per day. After the due date, the late fee for filing GSTR-5 is calculated by multiplying the number of days late by the daily late fee, with a maximum penalty capped at a specific amount.
GSTR-5A Late Fee
For GSTR-5A late filing, the penalty is ₹200 per day for returns with taxable supplies and ₹100 per day for nil returns (no taxable supplies)
GSTR-6 Late Fee
The GSTR-6 late fee is ₹50 each day if you didn’t file the GSTR on the due date, while there is no reduction fee for filing Nil returns.
GSTR-7 Late Fee
Filing GSTR-7 late incurs a daily penalty of ₹100 each for Central (CGST) and State (SGST) Goods and Services Tax, totaling R₹200 per day, capped at a maximum of ₹5,000 each for CGST and SGST. Additionally, interest at 18% per annum is levied on the TDS amount from the due date till payment.
GSTR-8 Late Fee
GSTR-7 late fee incurs a penalty of ₹100 per day under CGST and SGST, totalling ₹200 per day.
GSTR-9 Late Fee
GSTR-9 late fee is ₹200 per day, with ₹100 each levied under CGST and SGST.
GSTR-9C Late Fee
If the taxpayer fails to file GSTR 9C by the due date, then the GSTR 9C late fee of ₹200 per day (₹100 per day for CGST and SGST each) will be levied, up to a maximum of 0.5% of the taxpayer’s total turnover in the financial year.
GSTR-10 Late Fee
A late filing fee is levied for GSTR-10 returns filed after the due date. The penalty is ₹100 per day of delay or a maximum of 0.25% of the turnover, whichever is higher.
GSTR-11 Late Fee
Failing to file GSTR-11 on time results in a daily penalty of ₹200 (Rs. 100 SGST & Rs. 100 CGST) along with an annual interest rate of 11% charged on any outstanding tax owed.
Note: The GSTR return filing late fee is subject to change. Contact the IndiaFilings team to learn the exact late fee and file your GSTR returns before the due date with expert assistance.
Interest Rate on GSTR
Interest has to be paid by GST-registered members if they fall under below category:
- Delayed GST payment i.e. paying GST after the due date
- Claiming excess Input Tax Credit
- Reducing excess Output Tax Liability
GST has to be paid at the time of filing GSTR-3B every month and GSTR-4 in every quarter.
The interest amount is separately charged for the defaults and GST is not payable on the interest amount. The Interest rates are as follows:
- 18% if the tax paid after due date
- 28% if excess ITC Claimed or excess reduction in Output Tax
If GST return for a month is not filed, then the GST return for the next month cannot be filed by the taxpayer. Further, if a taxpayer fails to file GSTR-1 return on the 10th, then the taxpayer would not be able to file GSTR-2 return on the 15th. Hence, late filing of GST return will have a cascading effect leading to heavy fines and penalty.
