Late fees applicable for gstr1

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Kollipara Sundaraiah

Kollipara Sundaraiah (Querist)

07 July 2021 Any gst registered regular scheme dealer delay gstr1 return late fees w.e.f. date applicable

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

09 July 2024 The late fee for delayed filing of GSTR-1 returns for GST-registered regular scheme dealers is structured similarly to that for GSTR-3B but with some variations. Let's go through the specifics:

### GSTR-1 Late Fee Calculation

The late fee for GSTR-1 is as follows:

1. **For Nil returns**: ₹20 per day (₹10 CGST + ₹10 SGST)
2. **For other than Nil returns**: ₹50 per day (₹25 CGST + ₹25 SGST)

### Application of Late Fee

The late fee is calculated from the due date of the GSTR-1 return until the actual date of filing. Here's how you can calculate the late fee for a delayed GSTR-1 return:

1. **Determine the number of days delayed**: Calculate the number of days between the due date and the actual filing date.
2. **Apply the appropriate rate**: Multiply the number of days delayed by the applicable daily rate (₹20 or ₹50 per day).

### Amnesty Scheme (if applicable)

The GST Council has periodically introduced amnesty schemes to reduce the burden of late fees. These schemes cap the maximum late fee for delayed returns under specific 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)

### Example Calculation

Let's assume:
- **Due date**: 10th May 2020
- **Filing date**: 9th July 2024 (approx. 1521 days late)

#### Without Amnesty Scheme

1. **Nil return**: ₹20 per day * 1521 days = ₹30,420
2. **Other than Nil return**: ₹50 per day * 1521 days = ₹76,050

#### With Amnesty Scheme

If an amnesty scheme caps the late fee, you would pay:
1. **Nil return**: ₹500
2. **Other than Nil return**: ₹1,000

### Conclusion

To summarize:

1. **Determine the due date and the filing date**.
2. **Calculate the number of days late**.
3. **Apply the appropriate daily late fee rate** (₹20 or ₹50 per day).
4. **Check for any applicable amnesty schemes** that cap the late fee.

If you are filing under an amnesty scheme that caps the late fee, you would only need to pay the capped amount (₹500 or ₹1,000). Otherwise, the fee would be calculated based on the number of days late multiplied by the applicable daily rate.

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