Amnesty Scheme: GSTR-10

What is Form GSTR-10?

Form GSTR-10 is final return which is required to be filed by Regular taxpayers [Including SEZ unit/SEZ developer whose GST registration has been cancelled.

The purpose of the return is to provide details of ITC involved in closing stock [ including inputs and capital goods] which is required to be reversed/paid back.

Due date of filing of GSTR-10?

Due date of filing of GSTR-10 is 3 months from the date of effective date of cancellation of registration or date of cancellation order [Form REG-19] whichever is later.

Illustration

• Effective date of cancellation of registration – 10th April 2023
• Date of cancellation order – 9th May 2023
• Due date for filing GSTR-10 – 9th August 2023.

Applicability of late fee in GSTR-10?

Late fee is levied at Rs 100/day each for CGST and SGST/UTGST [Total Rs 200/day] for delay in filing of GSTR-10 beyond the due date. The maximum late fee is Rs 5,000 each under CGST and SGST/UTGST [Total Rs. 10,000].

What is Amnesty Scheme in GSTR-10?

Amnesty scheme is basically a scheme by which the late is reduced for a specified period of time.

Notification No. 08/2023 - Central tax dated 31st March 2023 has been issued specifying that the maximum late fee which would be levied for GSTR-10 will be Rs 500 each under CGST and SGST/UTGST [Total Rs. 1,000].

The reduced late fee shall be applicable if the GSTR-10 which has not been filed by the due date, but the same is filed between 1st April 2023 till 30th June 2023.

It is a good chance for the taxpayers to file their GSTR-10, who have missed it earlier by paying very limited late fees.

There is no change in per day rate of late fee, and it will still be levied at Rs 200 per day.

So, any taxpayer who is filing Form GSTR-10, more than 5 days beyond the due date, stands to benefit from this scheme.

Note: If there is any tax liability, then the interest at 18% p.a. shall still be applicable on such tax liability which would be paid be debiting the electronic cash ledger as per section 50 of CGST Act, 2017.

Has any amnesty scheme been issued for GSTR-10, previously?

Notification No. 68/2020 - Central tax dated 21st September 2020 was issued specifying maximum late fee which would be levied for GSTR-10 will be Rs 250 each under CGST and SGST/UTGST [Total Rs. 500].

The reduced late fee shall be applicable if the GSTR-10 which has not been filed by the due date, but the same is filed between 22nd September 2020 till 31st December 2020.