Understanding GST Late Fees: Complete Guide
GST late fees are penalties imposed under Section 47 of the CGST Act, 2017 when taxpayers fail to file their GST returns by the due date. Understanding these penalties is crucial for every GST-registered business to avoid unnecessary financial burden and maintain compliance.
What is GST Late Fee?
GST late fee is a penalty charged for delayed filing of GST returns such as GSTR-1, GSTR-3B, GSTR-4, and other applicable returns. The late fee is calculated on a per-day basis from the day after the due date until the return is filed.
Legal Basis: Section 47 of the CGST Act, 2017 provides for late fees of ₹100 per day (₹50 CGST + ₹50 SGST) for delayed filing of returns. However, for nil returns, the late fee is reduced to ₹20 per day (₹10 CGST + ₹10 SGST).
Current GST Late Fee Structure
| Return Type |
Nil Return |
Non-Nil Return |
Maximum Cap |
| GSTR-3B |
₹20/day (₹10 CGST + ₹10 SGST) |
₹50/day (₹25 CGST + ₹25 SGST) |
₹5,000 |
| GSTR-1 |
₹20/day (₹10 CGST + ₹10 SGST) |
₹50/day (₹25 CGST + ₹25 SGST) |
₹5,000 |
| GSTR-4 (Composition) |
₹50/day (₹25 CGST + ₹25 SGST) |
₹50/day (₹25 CGST + ₹25 SGST) |
₹2,000 |
| GSTR-9 (Annual) |
Nil |
₹200/day (₹100 CGST + ₹100 SGST) |
0.25% of turnover |
How to Calculate GST Late Fee?
The calculation of GST late fee depends on three key factors:
- Type of Return: Whether it's GSTR-1, GSTR-3B, or another return type
- Nature of Return: Nil return or non-nil return (with tax liability)
- Days of Delay: Number of days from the due date to the actual filing date
Calculation Formula:
• For Non-Nil Returns: Late Fee = Number of Days Late × ₹50 (capped at ₹5,000)
• For Nil Returns: Late Fee = Number of Days Late × ₹20 (capped at ₹5,000)
Real-World Example Calculations
Example 1: Non-Nil GSTR-3B Return (15 Days Late)
- Days Late: 15 days
- Late Fee per day: ₹50 (₹25 CGST + ₹25 SGST)
- Total Late Fee: 15 × ₹50 = ₹750
- CGST: ₹375 | SGST: ₹375
Example 2: Nil GSTR-1 Return (30 Days Late)
- Days Late: 30 days
- Late Fee per day: ₹20 (₹10 CGST + ₹10 SGST)
- Total Late Fee: 30 × ₹20 = ₹600
- CGST: ₹300 | SGST: ₹300
Example 3: Non-Nil GSTR-3B Return (120 Days Late)
- Days Late: 120 days
- Calculated Fee: 120 × ₹50 = ₹6,000
- Maximum Cap: ₹5,000
- Actual Late Fee: ₹5,000 (capped)
- CGST: ₹2,500 | SGST: ₹2,500
GST Amnesty Schemes & Relief
The government periodically announces amnesty schemes to provide relief on late fees. Stay updated with the latest notifications:
- Notification 09/2023: Waiver on late fees for returns filed during specified periods
- Small Taxpayer Relief: Reduced late fees for businesses with turnover below ₹5 crore
- First-Time Offenders: Consideration for penalty waiver for genuine hardship cases
How to Pay GST Late Fee?
- Log in to the GST Portal (www.gst.gov.in)
- Go to Services → Returns → Returns Dashboard
- Select the return you want to file
- The system will automatically calculate the late fee
- Pay the late fee through the electronic cash ledger
- Complete and submit your return
Important Note: Late fee must be paid in cash only. It cannot be adjusted against ITC (Input Tax Credit) available in your electronic credit ledger.
Consequences of Not Paying Late Fees
- Return Rejection: The GST portal will not accept your return until late fees are paid
- ITC Blockage: Your suppliers' ITC claims may be affected if you don't file returns
- Additional Penalties: Further delays may attract interest under Section 50 of CGST Act
- Legal Action: Persistent non-compliance may lead to registration cancellation
- Business Impact: Affects credit score and banking relationships
Tips to Avoid Late Fees
- Set Calendar Reminders: Mark due dates on your calendar with advance alerts
- Maintain Proper Records: Keep all invoices and documents organized throughout the month
- Use Accounting Software: Automate GST return preparation and filing
- Regular Reconciliation: Match your records with GSTR-2A/2B regularly
- Professional Help: Engage a qualified CA or tax consultant for compliance
- Early Filing: Don't wait until the last day; file returns at least 2-3 days before due date
- Enable SMS Alerts: Get notifications from GST portal for upcoming due dates
Common Mistakes to Avoid
- Confusing due dates for different return types
- Not maintaining proper invoice records throughout the month
- Waiting for the last day to start return preparation
- Not reconciling purchases with GSTR-2A/2B
- Ignoring nil return filing requirements
- Not keeping sufficient balance in cash ledger for late fee payment
Related GST Tools
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