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non filling of return

Barun Agarwal (Practice) (34 Points)

09 September 2018

Company could not file the online gst return since beginning due to some online issues. Following are queries:

1. What is the interest or penalty applicable?

2. Company has net input credit position. Will it be eligible to claim the net credit benefit once it files the return? Is there in time barred clause in GST?

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Rohit Tibrewal (Student & Senior Accountant) (3193 Points)
Replied 09 September 2018

If you have raised the complaint and token for your issues you may be waived for the charges or penalties.

Input credit you can claim but you want to claim refunds it is subject to the such provisions.

Pankaj Rawat (GST Practitioner) (55037 Points)
Replied 09 September 2018

1. Late Fee for filing GSTR-3B after the due date is as follows:

Rs. 50 per day of delay

Rs. 20 per day of delay for taxpayers having Nil tax liability for the month

Interest @ 18% per annum is payable on the amount of outstanding tax to be paid.

**Late fee for July, August, and September has been waived
** Maxmum late fee is 10000/- for both the act (per return)

2. To claim ITC till march- 18 is September-18, else you wont be able to claim Input.
For refund : As per the provision of section 54 CGST Act , on following condition Refund can be claim:

• Export of goods or services.
• Supplies to SEZs units and developers
• Deemed exports
• Refund of taxes on purchase made by UN or embassies etc.
• Refund arising on account of judgment, decree, order, or direction of the Appellate Authority, Appellate Tribunal, or any court.
• Refund of accumulated Input Tax Credit on account of inverted duty structure
• Refund of pre-deposit

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