Seeking Guidance on GST Penalties and Waiver Options

Hello Experts,

I hope you all are doing well. I am reaching out for advice regarding my GST situation. My GST registration as a proprietor was canceled suo motu due to non-filing of returns. Currently, I am a partner in a new company, and while applying for a new GST registration, I received a notice requiring me to file all returns from November 2017 to November 2019, along with the Final Return (GSTR 10).

During that period, I did not carry out any business activities. When I attempted to file a nil return, I discovered a penalty of ₹10,000 for November 2017, with a similar penalty likely for each subsequent month. This means I could potentially face penalties totaling around ₹2.4 lakhs for the two-year period.

Given these circumstances, I would like to ask:

  1. Are there any possibilities for a waiver of these penalties?
  2. Will the upcoming GST amnesty scheme starting from November 1 help in this situation?

I appreciate any insights or advice you can provide on how to navigate this issue.

Thank you!

Best regards,

Jayakumar

Replies (3)
Quick Summary
Jayakumar's GST registration was cancelled due to non-filing, leading to a potential penalty of ₹2.4 lakhs for unfiled returns from 2017-2019. He is seeking advice on penalty waivers and whether the upcoming GST amnesty scheme, starting November 1st, will cover his suo motu cancellation case. The amnesty scheme offers conditional waivers for interest and penalties in non-fraud cases for FY 2017-18 to 2019-20, provided tax demands are paid by March 31, 2025.

The GST Amnesty Scheme can offer relief to taxpayers who missed filing GSTR-3B for previous tax periods ¹. The scheme provides a conditional waiver or reduction of late fees for pending returns ¹. However, the scope of the scheme is limited, and it does not provide a full waiver of penalties ¹. To navigate this issue, consider the following steps: - *Review the scheme's eligibility criteria*: Ensure you meet the conditions for the amnesty scheme, including the type of returns and tax periods covered ¹. - *File pending returns*: Submit all pending GSTR-3B returns to avoid cancellation of GST registration ¹. - *Pay taxes and interest*: Pay any due taxes and interest to avoid additional penalties ¹. - *Seek professional advice*: Consult a tax professional to ensure you follow the correct procedures and maximize the benefits of the amnesty scheme ¹. Keep in mind that the amnesty scheme has specific timeframes and conditions, so it's essential to act promptly and carefully to navigate this situation. The upcoming GST amnesty scheme starting from November 1 may provide additional relief, but it's crucial to review the details and eligibility criteria once it's announced ¹.

Amnesty scheme providing waiver of interest and penalty in non-fraud cases for FY 2017-18 to 2019-20 to be notified w.e.f. 1 November 2024. Further, the tax demand as per the notice or order is required to be paid on or before 31 March 2025 to avail the benefit. -

my non-filing period falls under the above mentioned period. so i want to know that will it cover Suo moto case like me? 

 

The proposed ₹2.4 lakh may not be a penalty for each month. For a nil GSTR-3B, the late fee is generally ₹20 per day (₹10 CGST + ₹10 SGST), subject to the applicable cap and any notified waiver for the tax period. Check the return-wise fee shown on the GST portal and compare it with the relevant notifications; a portal demand alone does not establish that ₹10,000 is legally payable for every month.

  • Section 128A amnesty: The waiver for specified periods from July 2017 to March 2020 concerns interest and penalty on tax demanded under Section 73, where the prescribed conditions—including payment of the tax—are met. It does not generally waive late fees for unfiled returns or the GSTR-10 late fee. It is therefore unlikely to clear the return-filing charges described here.
  • Practical route: File the outstanding nil returns and GSTR-10 if the portal permits, after verifying the period-wise late fee and any applicable cap/waiver. If the amount appears wrongly computed, seek correction through the GST jurisdictional officer/grievance channel and retain the notice and portal calculations. Also check whether cancellation was effective before or after any disputed return periods.
  • The notice’s exact basis and the date of cancellation matter; “no business” does not by itself remove the obligation to file returns while the registration remained active.

Resolving the legacy return position is part of the GST onboarding and registration workflow for a new business. Manual period-by-period return and late-fee checks are difficult, while automation reduces repetitive work and keeps professional judgment in control. At Jir AI, our 2,000+ AI agents and 650+ integrations streamline GST, ITR, TDS, TCS and other compliance workflows, helping reduce manual workload by up to 70%. For a practical walkthrough, connect with us on WhatsApp: https://wa.me/message/3HVOZ7HIY4ESC1

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