16 Replies
CA. Sourav Sarkar
(Chartered Accountant )
(24583 Points)
Replied 18 April 2021
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 18 April 2021
As In term of Section 47 of CGST Act Late fee is applicable on Filing RETURN form not by Due date & CMP 08 is not a Return filing Form , it is STATEMENT for payment Self Assessment Tax for the taxpayer registered under Section 10. Moreover portal is also not asking for late fee in this regard.
Note : Yes Interest is applicable as prescribed in Section 50 of CGST Act.
CA. Sourav Sarkar
(Chartered Accountant )
(24583 Points)
Replied 18 April 2021
Answer - In case a taxpayer fails to furnish his/her return on or before the due date, he or she will be liable to pay a late fee of Rs 200 per day for every day of delay. i.e. Rs 100 per day under CGST and Rs 100 per day under SGST. IGST Act prescribes an amount equal to the late fees for CGST and SGST Act i.e Rs 200 per day of delay. Late fee charges will be subject to a maximum of Rs 5,000 from the start of the due date to the actual return filing date of the taxpayer.
Pankaj Rawat
(GST Practitioner)
(55052 Points)
Replied 18 April 2021
kindly refer rule 62 of CGST Act
CMP08 is not return filing form , it's an statement for Payment of self tax assessment. so livable of late fee is not
applicable on same.
Kindly refer Section 47 which covers section 37,38,39 45 CGST for applicability of late fee & Rule 62 & Section 10 do not cover under same .
Note : Portal also not demand for late fee on late filing of CMP-08
So kindly refer above rule & Section once again.
Ankit Neema
(2742 Points)
Replied 18 April 2021
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