Gst paid but return not submitted

[Yugank Goel]

Dear All,

There is a issue which I had discussed with many consultants but I found that this is debatable as every consultant comes with their own view which is different from others. Please help me to solve this.

We have not submitted the GSTR 3B returns for past 3-4 months but we have deposited the tax amount timely. We just want to know that when we will file the return, shall we have to pay interest also on amount which we have already paid in advance as we have not setoff our GST liability or there will be only penalty for late filing.

[YAGAY andSUN]

CBEC withdraws the reduction in Late fees for GSTR-5A charged for delay in return filing with effect from 7th March 2018.

This means that the late fees to be paid by taxpayers for late-filing of GSTR-5A now stands at a total of ₹ 200 per day of delay (Rs. 100 per day of delay for NIL return) subject to the maximum cap in the late fees at ₹ 5,000

As on 7th March 2018, the reduced late fees for other returns such as GSTR-1, GSTR-3B (October 2017 onwards), GSTR-4, GSTR-5 & GSTR-6 continue to apply.

• Earlier Notifications: The government has reduced the late fees for GSTR-1, GSTR-3B (October 2017 onwards), GSTR-4, GSTR-5, GSTR-5A and GSTR-6 as follows (until further notifications late fees will remain the same):

[Yugank Goel]

Regarding late fee this is true but is there any provision that tax paid in advance without being setoff the liability in GSTR3B still be liable for interest for the output liability?????

[Praveen Nair]

Dear Yugank

If there are no change in the Output liability and the amount paid advance (credit / cash) is unutilized as on the date of filing the GSTR3B return, which you desire to file with the late payment fees, it is a matter of representation to the right authority. No interest is leviable.

Regards

Pravin Nair

[Mahadev R]

In GST law, tax amounts are deemed to be paid only when they are adjusted with the liability in liability register which can happen only on filing the return. Just deposit without filing return would attract interest unless law is changed. This is different from excise or ST law where we could have said that tax paid but return not filed. There was no concept of liability register as well.

[YAGAY andSUN]

We endorse the views of our experts.

AI Summary

Tax deemed paid only on liability adjustment: deposits without return filing can trigger interest plus late fees. Whether interest is payable when tax amounts are deposited but the GSTR 3B is not filed and the liability is not reflected in the liability register: one view holds that unutilized advance payment where output liability is unchanged attracts only late filing fees; an alternative view holds tax is deemed paid only when adjusted in the liability register on filing, so mere deposit without filing attracts interest in addition to late fees.