CIR

Notification No. 20/2021 – Central Tax Late Fee Cap for Delayed GSTR-1 Filing from June 2021

Circulars

CBDT CBIC MCA

Summary

Notification No. 20/2021–Central Tax amends Notification No. 4/2018 and introduces turnover-based caps on late fees payable for delayed filing of FORM GSTR-1 from June 2021 onwards. Separate maximum limits are prescribed for NIL filers, taxpayers with turnover up to 1.5 crore, and taxpayers with turnover up to 5 crore, providing compliance relief and reducing penal burden.

The Central Board of Indirect Taxes and Customs (CBIC), in exercise of powers conferred under Section 128 of the Central Goods and Services Tax Act, 2017, and on the recommendations of the GST Council, has issued Notification No. 20/2021 – Central Tax dated 1 June 2021.

Through this notification, the Government has further amended Notification No. 4/2018 – Central Tax to grant additional relief in respect of late fee payable for delayed filing of FORM GSTR-1 under Section 47 of the CGST Act.

The notification provides that, for tax period June 2021 onwards (or quarter ending June 2021 onwards, as applicable), the late fee payable for delay in furnishing details of outward supplies in FORM GSTR-1 shall stand waived to the extent it exceeds the specified maximum amounts, based on the class of registered persons.

Late Fee Cap Introduced

The maximum late fee payable has been capped as under:

  • Nil outward supplies: Late fee capped at Rs. 250

  • Aggregate turnover up to Rs. 1.5 crore (preceding FY): Late fee capped at Rs. 1,000

  • Aggregate turnover more than Rs. 1.5 crore and up to Rs. 5 crore (preceding FY): Late fee capped at Rs. 2,500

Any late fee in excess of the above limits stands waived.

Practical Impact

This notification provides significant compliance relief to small and medium taxpayers by limiting the financial burden arising from delayed filing of GSTR-1. It encourages timely compliance while preventing excessive accumulation of late fees, especially for nil return filers and small businesses.

Frequently Asked Questions

As per Notification No. 20/2021–Central Tax, the late fee cap for GSTR-1 filing from June 2021 onwards is: Rs. 250 for nil outward supply filers, Rs. 1,000 for taxpayers with aggregate turnover up to Rs. 1.5 crore, and Rs. 2,500 for taxpayers with turnover between Rs. 1.5 crore and Rs. 5 crore. Any late fee exceeding these limits stands waived under Section 128 of the CGST Act.
For registered taxpayers filing GSTR-1 with nil outward supplies, the maximum late fee payable is capped at Rs. 250 per return period from June 2021 onwards. Any late fee amount exceeding Rs. 250 is waived by the government. This provides significant relief to dormant or nil-activity businesses who may have missed filing deadlines without any tax liability.
Yes, Notification No. 20/2021–Central Tax applies to both monthly and quarterly GSTR-1 filers. For quarterly filers, the turnover-based late fee caps apply from the quarter ending June 2021 onwards. The same slabs—Rs. 250 for nil filers, Rs. 1,000 for turnover up to Rs. 1.5 crore, and Rs. 2,500 for turnover up to Rs. 5 crore—are applicable based on the taxpayer's aggregate turnover in the preceding financial year.
Notification No. 20/2021–Central Tax dated 1 June 2021 amends the earlier Notification No. 4/2018–Central Tax, which originally governed late fee provisions for GSTR-1 filing. The amendment introduces turnover-based maximum caps on late fees applicable from June 2021 tax periods onwards, superseding or modifying the earlier fee structure to provide structured relief to different categories of GST-registered taxpayers.
Notification No. 20/2021–Central Tax does not prescribe a capped late fee for taxpayers with aggregate turnover exceeding Rs. 5 crore. The concessional caps of Rs. 250, Rs. 1,000, and Rs. 2,500 apply only to nil filers, and businesses with turnover up to Rs. 1.5 crore and up to Rs. 5 crore respectively. Taxpayers above Rs. 5 crore remain liable for late fees as per the standard provisions under Section 47 of the CGST Act.
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