Get your GST Filing Compliance done on Priority to avoid penalty and late fee
GSTR-1 Filing (Last opportunity for non-filers)
All about GSTR-1 Filing (Last Opportunity from Govt.)
Last One Time Opportunity for GSTR-1 non-filers– As per the recent Notification No – 74/2019 – Central Tax, GST Department has given one time opportunity to all GSTR-1 defaulters to file their GSTR-1 before 10th January, 2019 for the period pertaining between July 2017 to November 2019 without late fee i.e. late fee will be waived off, in any other case, if they filing of GSTR-post 10th January, 2019, penalty of Rs. 50 per day subject to maximum Rs. 10,000/- per statement will be levied.
Further as we all know, for GSTR-3B , GST Dealers has to pay a late fee of Rs.20/- in case of Nil Return and Rs.50/- in case of other than nil return for Late filing of GSTR-3B. Govt is not taking lightly to the GST non-filers. Recently, GST Department has stopped generation of E-Way bill due to the non-filing of GSTR-3B.
Also as per the recent circular on Standard Operating Procedure to be followed by department all over India, Circular No – 129/48/2019- GST Dated – 24th December 2019, following guidelines are laid down for non-filers :
i. Preferable, a system-generated message would be sent to all the registered persons 3 days before the due date to nudge them about filing of the return for the tax period by the due date
ii. Once the due date for furnishing the return is over, a system generated mail / message would be sent to all the defaulters immediately after the due date to the effect that the said registered person has not furnished his return for the said tax period; the said mail/message is to be sent to the authorized signatory as well as the proprietor/partner/director/karta, etc
iii. Five days after the due date of furnishing the return, a notice in FORM GSTR-3A shall be issued electronically to such registered person who fails to furnish return, requiring him to furnish such return within fifteen days
iv. In case the said return is still not filed by the defaulter within 15 days of the said notice, the officer may proceed to assess the tax liability of the said person to the best of his judgement and would issue order in FORM GST ASMT-13
v. For the purpose of assessment of tax liability, the officer may take into account the details of outward supplies available in the statement furnished, details of supplies auto populated in FORM GSTR-2A, information available from e-way bills, or any other information available from any other source, including from inspection
vi. In case the defaulter furnishes a valid return within thirty days of the service of assessment order in FORM GST ASMT-13, the said assessment order shall be deemed to have been withdrawn. However, if the said return remains unfurnished within period of 30 days from issuance of order in FORM ASMT-13, then officer may initiate proceedings under section 78 and recovery under section 79 of the CGST Act
Above general guidelines may be followed by the proper officer in case of non furnishing of return. In deserving cases, based on the facts of the case, the Commissioner may resort to provisional attachment to protect revenue under section 83 of the CGST Act before issuance of FORM GST ASMT-13.
Further, the proper officer would initiate action under sub-section (2) of section 29 of the CGST Act for cancellation of registration in cases where the return has not been furnished for the period specified in section 29
To conclude the above discussion, it is advisable for non-filers to complete their compliance in due course before 10th January, 2020 to avoid further penalty and save additional cost.