We have filed Nil GSTR-3B and GSTR-1 for FY 2019-20. However upon realizing it filed FY 2019-20 Supply data in months of April to Sep 2020 . Department issued notice u/s 74 for filing NIL return during FY 2019-2020. Is any default on our part. We have not paid interest.
SECTION 37 (3)
ABHISHEK Kumar
Notice Issued Under Section 74 for Delayed GSTR Filing; Interest on Net vs. Gross Tax Liability Debated. A query was raised regarding the filing of Nil GSTR-3B and GSTR-1 returns for FY 2019-20, followed by the submission of supply data for that period in the subsequent fiscal year. The tax department issued a notice under Section 74 for this discrepancy. Respondents advised that tax, interest, and late fees must be paid due to the delayed filing. It was debated whether interest should be paid on net or gross tax liability. Some argued that since the lapse was procedural and did not result in revenue loss, penalties might not be enforced. Legal advice was recommended for responding to the notice. (AI Summary)