GST
Time allowed after GSTR-3A
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Facts
You get 15 days from the notice to file the pending return. After that, the officer can pass a best judgement assessment.
Provisions and law
- Sec 46, CGST Act 2017A registered person who fails to file a return under Sec 39, 44, 45 or 52 gets a notice to file within 15 days
- Circular 129/48/2019-GSTSOP for non-filers: alerts, GSTR-3A after the due date, best judgement assessment in ASMT-13 if still not filed
- 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62, CGST Act 2017If the return is still not filed, the officer can assess tax to the best of judgement; the order is withdrawn if a valid return is filed within 60 days, or a further 60 days with extra late fee of ₹100 a day
Analysis
Sec 46 sets 15 days. Circular 129/48/2019-GST says that if the return is still not filed after 15 days, the officer may assess tax under Sec 62 and issue ASMT-13 without another notice. Example: GSTR-3A dated 5 October gives you till 20 October. File well before that, because the portal can be slow near deadlines.
Conclusion
- Note the date on the GSTR-3A.
- Count 15 days to fix the deadline.
- Gather sales, purchase and payment figures.
- File the return before the deadline.
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