Answer

GST

Late fee for filing GSTR-3B after the due date

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  1. Facts

    Late fee under Sec 47 is ₹50 a day (₹25 CGST plus ₹25 SGST) for each late return, and ₹20 a day for nil returns. Caps apply by previous year turnover: ₹2,000 up to ₹1.5 crore, ₹5,000 from ₹1.5 crore to ₹5 crore, and ₹10,000 above ₹5 crore, and ₹500 for nil returns. Late fee is paid only in cash.

  2. Provisions and law

    • Sec 47, CGST Act 2017Late fee for delay in filing returns
    • Notification 19/2021-CTReduced late fee caps for GSTR-3B by turnover slab
    • Notification 20/2021-CTReduced late fee caps for GSTR-1 by turnover slab
  3. Analysis

    Take a trader with turnover of ₹1 crore who files the July return 90 days late. The fee is 90 x ₹50 = ₹4,500, but the cap for his slab is ₹2,000, so he pays ₹2,000 for that return. If three months are late, each return carries its own fee, and GSTR-1 for the same months carries a separate fee too. The portal adds the late fee in the next GSTR-3B automatically, and it cannot be paid from the credit ledger.

  4. Conclusion

    1. List every pending GSTR-1 and GSTR-3B by month
    2. Work out the fee per return using the cap for your turnover slab
    3. Deposit the late fee and interest in the cash ledger through PMT-06
    4. File the oldest return first, since later returns are blocked until earlier ones are filed

Late fee cannot be set off against ITC; keep cash in the ledger before you start filing old returns.

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