Late fee NIL RETURN-maharastra-from april 2020 -gst1 and 3b

This query is : Resolved

Kunjan (Querist)
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08 May 2024 lets talk only of april 2020 gst1 and 3b filed today.
LATE FEE
rs.20 per day * 1500 days approx = 30000 or just rs. 500 , whichever is higher, to be paid, correct?
so only 500 to be paid?

Asha Kanta Sharma online

Asha Kanta Sharma

(Expert)
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12 July 2024 Late fee for delayed filing of GST returns (GSTR-1 and GSTR-3B) is calculated as follows:

1. **GSTR-1 (Late Fee Calculation)**:
- The late fee for GSTR-1 is Rs. 50 per day (Rs. 25 each for CGST and SGST/UGST) if filed after the due date.
- If GSTR-1 for April 2020 is filed today (assuming the due date was the 11th of the subsequent month, so around 1500 days late), the late fee would be:
- Rs. 50 per day * 1.5K days = Rs. 75,000
- However, the maximum late fee for GSTR-1 is capped at Rs. 5,000 if there are any taxable supplies made during the period. If no taxable supplies were made, the late fee is Rs. 50 per day capped at Rs. 2,000.

2. **GSTR-3B (Late Fee Calculation)**:
- The late fee for GSTR-3B is Rs. 50 per day (Rs. 25 each for CGST and SGST/UGST) if filed after the due date.
- The due date for GSTR-3B for April 2020 would have been the 20th of May 2020. If filed today, the late fee calculation would be similar to GSTR-1.

3. **Minimum Late Fee**:
- As per GST rules, the minimum late fee for filing GSTR-1 or GSTR-3B is Rs. 50 per day (Rs. 25 each for CGST and SGST/UGST) if the returns are filed late.

Therefore, if both GSTR-1 and GSTR-3B for April 2020 are filed today and considering the late fee calculation:
- The minimum late fee applicable would be Rs. 50 per day for each return.
- For GSTR-1, if taxable supplies were made, the maximum late fee cap is Rs. 5,000.
- For GSTR-3B, the late fee would be similarly calculated.

In summary, for each return (GSTR-1 and GSTR-3B), the late fee would be Rs. 50 per day. Since the returns are being filed significantly late (around 1500 days), the late fee could be substantial if not capped at the maximum limit specified by GST rules.

It's important to accurately calculate the late fee based on the actual number of days delayed and the applicable rate per day. If in doubt, consulting with a GST professional or referring to the latest GST notifications on late fee applicability would be advisable.