GST
Filing after 60 days of ASMT-13
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Facts
Not yet. You can still file within a further 60 days by paying an extra late fee of ₹100 a day of delay. The order is then withdrawn.
Provisions and law
- Sec 62, CGST Act 2017If the return is still not filed, the officer can assess tax to the best of judgement; the order is withdrawn if a valid return is filed within 60 days, or a further 60 days with extra late fee of ₹100 a day
- Sec 47, CGST Act 2017Late fee for late returns
Analysis
The proviso to Sec 62(2) gives a second window of 60 days with an additional late fee of ₹100 for each day of delay. Example: you file 20 days after the first 60 days ended, so the extra late fee is ₹2,000, on top of the normal late fee and interest. After 120 days, the assessment stays and recovery can start.
Conclusion
- Count the days since the order.
- Work out the extra late fee at ₹100 a day.
- File the return with tax, interest, normal late fee and the extra fee.
- Check that the order shows as withdrawn.
After 120 days the order can only be challenged by appeal, which is harder.
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