Answer

GST

Difference between interest and late fee in GST

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  1. Facts

    Late fee is for filing a return late, under Sec 47. Interest is for paying tax late, under Sec 50. A late return with tax due attracts both.

  2. Provisions and law

    • Sec 47(1), CGST Act 2017Late fee of ₹100 per day under CGST (and an equal amount under SGST) up to ₹5,000 for late returns and statements, reduced by notification for many returns.
    • Sec 50(1), CGST Act 2017Interest is payable on tax paid late for the period of delay at the notified rate (18 percent a year); on a late return it is levied only on the portion paid in cash, except where proceedings under Sec 73, 74 or 74A have started.
  3. Analysis

    A monthly 3B filed 15 days late with ₹30,000 cash tax attracts late fee of ₹50 a day, ₹750 (as reduced by notification), plus interest of about ₹222. Both are paid in cash. Late fee is fixed per day; interest depends on the tax amount. Paying tax early by challan avoids interest even if the return is late.

  4. Conclusion

    1. Compute late fee for days late.
    2. Compute interest on cash tax for days late.
    3. Deposit both in cash.
    4. Pay tax by challan before the due date when filing may be late.

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Interest on late tax payment, Sec 50

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