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

Penalty for delayed tax payment generally not levied if tax and interest are paid; late fee or general penalty may apply.
Penalty for delayed filing of FORM GSTR 3B is generally not levied where the taxpayer files late but pays the tax and interest suo motu, since the specific penalty provision requires invocation of assessment proceedings and issuance of a show cause notice; late filing normally attracts interest and late fee, while formal penalty provisions may be considered only if assessment proceedings are initiated and a tax shortfall is identified.