According to Section 46 of the CGST, 2017, where a registered person fails to furnish return under section 39, or section 44 or section 45, a notice shall be issued requiring him or her to furnish such return within fifteen days in such form and manner as may be prescribed.
Few section herewith reproduced below for understanding:
Sec 46 of CGST Act –
“Notice to return defaulters – Where a registered person fails to furnish a return under section 39, or section 44 or section 45 a notice shall be issued requiring him to furnish such return within fifteen days in such form and manner as may be prescribed.”
Sec 62 of CGST Act,2017 –
“(1)Notwithstanding anything to the contrary contained in Section 73 or Section 74 where a registered person fails to furnish the return under section 39 or section 45 even after service of notice under section 46 , the proper officer may proceed to assess the tax liability of the said person to the best of his judgment taking into account all the relevant material which is available or which he has gathered and issue an assessment order within a period of five years from the date specified under section 44 or furnishing of the annual return for the financial year to which the tax not paid relates.
.(2) Where the registered person furnishes a valid return within thirty days of the service of the assessment order shall be deemed to have been withdrawn. But the liability for payment of interest under sub-section (1) of section 50 or for the payment of late fee under section 47 shall continue”
Rule 68 of CGST Rules, 2017 –
“A notice in Form GSTR 3A shall be issued, electronically, to a registered person who fails to furnish return under section 39,or section 44 or section 45 or section 52.”
Penalty for Non Filers
♠ For non filers the late filing fees are as follows:
NIL Return: Rs 20/per day
Other: Rs 50/Day
Along with late fee interest on delayed payment is also applicable.
VidyaSunil & Associates is into practice of Tax Complaince, Audit, Accounts , Corporate / Business Finance & Outsourced CFO Services.
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