Late fees waived for late filing of GSTR-1 for the month of July 2017 to November 2019

[Ganeshan Kalyani]

Section 47(1) of CGST Act, 2017 states 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 one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees."

Sub-section (2) states 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 one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent. of his turnover in the State or Union territory."

Section 37 provides for furnishing of outward supplies details, section 38 provides for furnishing of inward supplies details, section 39 provides for filing of monthly  or quarterly return with details of inward and outward supplies of goods or services or both, input tax credit availed, tax payable, tax paid and such other particulars, in such form and manner, and within such time, as may be prescribed.

Section 44 provides for furnishing of Annual return, Section 45 provides for furnishing of Final return.

The aforesaid section 47 states that any registered person who fails to file the return within the due date then he is required to pay late fees of ₹ 200/- per day (₹ 100/- under CGST and ₹ 100/- under SGST) subject to maximum late fees of ₹ 5,000/- till the date of filing of return (except annual return) and maximum late fees of 25% of turnover in the State or Union territory for annual return is applicable.

First amendment: Vide Notification no.4/2018-CT dated 23.01.2018 the late fees was reduced to ₹ 50/- per day (₹ 25/- under CGST and ₹ 25/- under SGST) for delay in furnishing the details of outward supplies and in case there are no outward supplies the late fees for delay filing of NIL return was reduced to ₹ 20/- per day (₹ 10/- under CGST and ₹ 10/- under SGST).

Second amendment: Vide Notification no.75/2018-CT dated 31.12.2018, after the proviso added vide first amendment, a proviso is inserted to provide that the late fees for delay in furnishing of outward supplies in FORM GSTR-1 for the months/quarters from July 2017 to September 2018 is waived provided the pending returns for the aforesaid period is filed between the period from 22.12.2018 to 31.03.2019.

Third amendment: Vide Notification no.74/2019-CT dated 26.12.2018, after the proviso inserted vide second amendment, a proviso is inserted to provide that the late fees for delay in furnishing of outward supplies in FORM GSTR-1 for the months/quarters from July 2017 to November 2019 is waived provided the pending returns for the aforesaid period is filed between the period from 19.12.2019 to 10.01.2020.

Author's view: The late fees for delay in filing of outward supplies for the period from July 2017 to November 2019 is waived on the condition that the pending returns are filed between the period from 19.12.2019 to 10.01.2020. The taxpayers must take advantage of this waiver and file the return between the aforesaid time period.