Late Fee on Late Return of 3B
This query is : Resolved
31 August 2022
What I understand is the Maximum Late fee of GSTR 3B late Return is Rs 2000 But currently system calculated the basis on no of late days .
Kindly advice
Kindly advice
09 July 2024
Here's a detailed breakdown to clarify how the late fee for GSTR-3B is calculated, considering your current situation:
### GSTR-3B Late Fee Calculation
1. **Standard Late Fee Rates:**
- **Nil return:** ₹20 per day (₹10 CGST + ₹10 SGST)
- **Other than Nil return:** ₹50 per day (₹25 CGST + ₹25 SGST)
2. **Number of Days Late:** Approximately 1500 days
### Without Amnesty Scheme
If there is no amnesty scheme or special relief applied, the calculation would be as follows:
- **Nil return:** ₹20 per day * 1500 days = ₹30,000
- **Other than Nil return:** ₹50 per day * 1500 days = ₹75,000
### With Amnesty Scheme (if applicable)
The GST Council has introduced amnesty schemes in the past which cap the late fee for delayed returns. As of recent updates, the late fee for GSTR-3B is capped under certain conditions:
- **For Nil returns:** Capped at ₹500 per return (₹250 CGST + ₹250 SGST)
- **For other than Nil returns:** Capped at ₹1,000 per return (₹500 CGST + ₹500 SGST)
### Current System Calculation
If the GST portal is still calculating the late fee based on the number of late days without applying the amnesty caps, you might see a significantly higher late fee.
### Steps to Verify and Resolve
1. **Check for Latest Notifications:**
- Verify if there are any recent notifications from the GST Council regarding the capping of late fees for past returns.
2. **Contact GST Helpline:**
- Reach out to the GST helpline or support center to confirm if the capping is automatically applied when you file late returns.
3. **Filing Under Amnesty:**
- If an amnesty scheme is applicable, ensure that you are filing your return within the specified period to benefit from the reduced late fee.
4. **Manual Calculation and Payment:**
- If the system has not automatically applied the cap, you might need to manually calculate the capped late fee and ensure the correct amount is paid. This might involve contacting the GST office for rectification.
### Conclusion
If the amnesty scheme with the capped late fee of ₹500 (Nil return) or ₹1,000 (other returns) is applicable and in effect, you should ideally only need to pay the capped amount. However, if the system is still calculating based on the standard late fee rates, it would be wise to confirm with the GST authorities or helpline to correct the late fee to the capped amount.
This ensures you are not overpaying due to system discrepancies.
### GSTR-3B Late Fee Calculation
1. **Standard Late Fee Rates:**
- **Nil return:** ₹20 per day (₹10 CGST + ₹10 SGST)
- **Other than Nil return:** ₹50 per day (₹25 CGST + ₹25 SGST)
2. **Number of Days Late:** Approximately 1500 days
### Without Amnesty Scheme
If there is no amnesty scheme or special relief applied, the calculation would be as follows:
- **Nil return:** ₹20 per day * 1500 days = ₹30,000
- **Other than Nil return:** ₹50 per day * 1500 days = ₹75,000
### With Amnesty Scheme (if applicable)
The GST Council has introduced amnesty schemes in the past which cap the late fee for delayed returns. As of recent updates, the late fee for GSTR-3B is capped under certain conditions:
- **For Nil returns:** Capped at ₹500 per return (₹250 CGST + ₹250 SGST)
- **For other than Nil returns:** Capped at ₹1,000 per return (₹500 CGST + ₹500 SGST)
### Current System Calculation
If the GST portal is still calculating the late fee based on the number of late days without applying the amnesty caps, you might see a significantly higher late fee.
### Steps to Verify and Resolve
1. **Check for Latest Notifications:**
- Verify if there are any recent notifications from the GST Council regarding the capping of late fees for past returns.
2. **Contact GST Helpline:**
- Reach out to the GST helpline or support center to confirm if the capping is automatically applied when you file late returns.
3. **Filing Under Amnesty:**
- If an amnesty scheme is applicable, ensure that you are filing your return within the specified period to benefit from the reduced late fee.
4. **Manual Calculation and Payment:**
- If the system has not automatically applied the cap, you might need to manually calculate the capped late fee and ensure the correct amount is paid. This might involve contacting the GST office for rectification.
### Conclusion
If the amnesty scheme with the capped late fee of ₹500 (Nil return) or ₹1,000 (other returns) is applicable and in effect, you should ideally only need to pay the capped amount. However, if the system is still calculating based on the standard late fee rates, it would be wise to confirm with the GST authorities or helpline to correct the late fee to the capped amount.
This ensures you are not overpaying due to system discrepancies.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Opting our of sec 44AD
- GST Treatment of Insurance Commission for Existing GST Holder
- SALE OF MOTOR CAR BY REGISTERED INDIVIDUAL
- Value of property in capital gain
- Copyright software
- Form 121 & TDS deduction
- Transporter Declaration form
- Regarding TDS Applicability For Director Remuneration
- LC charges in relation to Asset purchased should be Capitalised ?
- Regarding appeal to GSTAT
- Cash gift by grand mother to her grand daughter
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Tds on GST in connection with sale to public company
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
- No Compliences after incorporation
- USEFUL LIFE OF USED/SECOND HAND COMMERCIAL VEHICLES
- Claiming TDS deducted by builder on Hardship compensation and Corpus
- Address Change to another state of a Registered Trust with 12AB approval
- Updated return in budget 2026
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
