delay filing of GSTR-3B Applicablility of penalty if filed beyond 30 days from the due date

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Applicability of Interest and Penalty in case of Delay filing of GSTR 3B:-

Case 1. If the taxpayer filed the GSTR 3B return by delay and paid the interest suo motto. Is penalty is applicable.

Case 2 If the taxpayer filed the GSTR 3B return by delay beyond 30 days from the due date of filing of return and paid the interest suo motto. Is penalty is applicable.

Case 3 If the taxpayer filed the GSTR 3B return by delay beyond 30 days from the due date of filing of return and failed to pay the interest suo motto. Audit team observe the same and issue audit observation for payment of the interest. The taxpayer paid the interest against the audit observation. Is Penalty applicable in this case under section 73(11) or any other section. if yes, penalty is applicable on net cash liability only or on total tax liability i.e. on cash and credit.

With regards

AI Summary

Penalties for Late GSTR-3B Filing: Interest Payment Impact and Audit Consequences under Sections 73(11) and 125 CGST Act. The discussion addresses the applicability of penalties for delayed filing of GSTR-3B returns under the GST framework. Three scenarios are considered: filing with self-assessed interest payment, filing beyond 30 days with interest payment, and filing beyond 30 days without interest payment until prompted by an audit. The consensus among respondents is that penalties are generally not applicable if interest is paid, even if late. However, if interest is not paid until after an audit, a penalty may apply under Section 73(11) of the CGST Act. Additionally, a general penalty under Section 125 may be imposed for late payment.