Page 17 - Ch14 _RETURNS

Ü The final return has to be filed within 3 months of the:
† date of cancellation or

† date of order of cancellation, whichever is later.
Ü Quantum of late fee for not filing the final return is lower of the following:-
† ₹ 100 for every day during which such failure continues or
† ₹ 5,000.

Ü An equal amount of late fee is payable under the respective SGST/UTGST Act as well.

CCP 14.10.25.00

Answer the following questions:
a) Mr. Ayushman, a registered person having intra-State aggregate turnover of ₹ 1.2 crores in the
preceding financial year did not file GSTR-3B for the month September, 20XX by 10th November,
20XX. The amount of tax payable for the month September, 20XX is ₹ 8 lakh. All his supplies are
intra-State supplies. Is there any late fee payable for the same? If yes, what is the amount of late fee

payable? [CA Inter RTP May 22]
b) Will your answer be different in (a), if Mr. Ayushman has intra-State aggregate turnover of ₹ 5
crores in the preceding financial year? [CA Inter RTP May 22]

c) Will your answer be different in (a), if total amount of tax payable in the GSTR-3B for the month of
September is Nil? [CA Inter RTP May 22]
d) Other things remaining same, What would be your answer in (a), if Mr. Ayushman has intra State
aggregate turnover is above ₹ 5 crores in the preceding financial year & did not file GSTR-3B till 25th May?
e) Discuss the penal provisions, if any, for not filing the annual return before the due date. [CA Inter Jan

21 Exam]
Answer :-
a) Legal Provision:-
Ü As per section 47 of CGST Act read with relevant notification, the registered persons whose

aggregate turnover is < ₹ 1.5 crores in the preceding FY, and who fails to furnish the returns
required u/s 39 by the due date shall pay a late fee of ₹ 50 (ie ₹ 25 each for CGST & SGST) but
maximum is ₹ 2,000 (₹ 1,000 each under CGST & SGST).
Discussion & Conclusion:-
Ü In the given case, late fee is payable by Mr. Ayushman as he has not filed the GSTR-3B by 10th

November.
Ü Thus, Late fees = ₹ 50 * 21 days (ie 21st Oct 20XX to 10th Nov 20XX)
= ₹ 1,050.

b) Legal Provision:-
Ü As per section 47 of CGST Act read with relevant notification, the registered persons whose
aggregate turnover is more than ₹ 1.5 crores but not exceeding ₹ 5 crore in the preceding FY, and
who fails to furnish the returns required u/s 39 by the due date shall pay a late fee of ₹ 50 (ie ₹ 25
each for CGST & SGST) but maximum is ₹ 5,000 (₹ 2,500 each under CGST & SGST).

Discussion & Conclusion:-
Ü In the given case, late fee is payable by Mr. Ayushman as he has not filed the GSTR-3B by 10th
November.

Ü Thus, Late fees = ₹ 50 * 21 days (ie 21st Oct 20XX to 10th Nov 20XX)
= ₹ 1,050.
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