Missed Gstr10 filing!

Hi there i had a GST number which got cancelled in december 2024 but i did not filed that GSTR 10 because i was not aware of and now it asking a hefty amount of late fees. I took that gst number back in 2023 to save some gst money on my computer purchases but i never got them to enjoy because i never made any sell turnover on that business. I already paid around 5000 on monthly nill gstr returns. I dont have any money to pay them now because i am ill from previous year for which i have every bit of proof. Please help me.

Replies (4)
Quick Summary
If you've missed the GSTR10 filing deadline after your GST number was cancelled, you're likely facing late fees. The first step is to file the GSTR10 immediately, even though it's late. You should then submit an application to the authorities requesting a waiver or reduction of the late fees, providing evidence of your situation, such as medical records if you were unwell. Consulting a tax professional is highly recommended to navigate this process effectively.

I understand your situation, and I'm here to guide you through the possible steps to address the issue. Understanding the Issue: - *GST Number Cancellation*: Your GST number was cancelled in December 2024. - *Non-Filing of GSTR-10*: You didn't file GSTR-10, which is required within 3 months from the date of cancellation or date of order. - *Late Fee Liability*: You're facing a hefty late fee liability. Possible Steps: 1. *File GSTR-10*: Immediately file GSTR-10, even though it's late, to report the cancellation of your GST registration. 2. *Submit an Application for Waiver of Late Fee*: Along with GSTR-10, submit an application for waiver of late fee, explaining your situation, including your illness and lack of business activity. 3. *Attach Supporting Documents*: Attach supporting documents, such as medical certificates, hospital records, and any other relevant proof, to substantiate your claim. 4. *Request for Waiver or Reduction of Late Fee*: Request the authorities to waive or reduce the late fee, considering your genuine reasons and financial difficulties. Key Points: - *GSTR-10 Filing*: Filing GSTR-10 is essential, even if it's late, to avoid further complications. - *Waiver Application*: Submitting a waiver application with supporting documents can help you request a waiver or reduction of the late fee. Consult a Tax Professional: It's highly recommended that you consult a tax professional or chartered accountant to ensure you're following the correct procedure and submitting the necessary documents. They can also help you draft a waiver application and represent you before the authorities, if needed.

The government sometimes introduces waivers or reductions in late fees for delayed GSTR-10 filings. You would check with a GST practitioner or the GST notifications for any such relief.

Missed GSTR-10 is one of the more expensive GST defaults because the late fee is Rs 200 per day (Rs 100 CGST + Rs 100 SGST) with no upper cap in the statute.

You can still file GSTR-10 now. Log in to the GST portal with the original GSTIN (it stays accessible for return purposes after cancellation). Go to Returns > Final Return and fill GSTR-10. You will need to declare:
- Closing stock as on the effective date of cancellation
- ITC reversal on that closing stock (pay back the ITC already availed)
- Any outstanding GST liability

Pay the late fee at the same time. If a notice has arrived for non-filing under Section 46 of CGST Act, filing GSTR-10 with late fee is the correct response. Do not wait for another notice.

This [GSTR-10 final return filing guide](https://taxgarden.in/blog/gstr-10-final-return-gst-cancellation-filing-guide-india) has the form structure and the ITC reversal formula you need.

Correction: GSTR-10 late fee is capped — Sec 47(1) limits it to ₹100/day subject to a maximum ₹5,000 under CGST (plus the same under SGST), i.e., ₹10,000 in total; if you had no stock or ITC at cancellation, GSTR-10 is essentially nil, so file it and pay the capped fee to close the GSTIN cleanly.

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