top of page

GST Late Fee Waiver and Amnesty Scheme 2024-25: How to Benefit

  • Writer: sai krishna
    sai krishna
  • Jun 7
  • 2 min read

The GST Council has periodically announced amnesty schemes to help taxpayers clear outstanding late fees and penalties from earlier years. The most recent amnesty provisions under Section 128A (introduced by Finance Act 2024) are a significant relief for businesses with pending dues.

Section 128A — Waiver of Interest and Penalty (Finance Act 2024)

Section 128A provides for waiver of interest and penalty for demand notices issued under Section 73 (non-fraud cases) for tax periods FY 2017-18 to FY 2019-20.

Eligibility Conditions: - Notice must have been issued under Section 73 only (not Section 74) - Taxpayer must pay the full tax demanded - Payment must be made by 31st March 2025 (extended deadlines may apply — check latest notifications) - No waiver if the case involves fraud, suppression, or misstatement

What Is Waived: Full interest under Section 50 AND full penalty under Section 73(9)

Late Fee Waiver Under GSTR-3B Filing

For regular GSTR-3B late fees: - Maximum late fee: ₹500 per return (for nil-returns: ₹250 CGST + ₹250 SGST) - For returns with tax liability: Late fee capped at ₹5,000 per return - Various Council decisions have reduced late fees for specific periods

GSTR-9 Late Fee Waiver Schemes

The Council has waived late fees for GSTR-9 annual returns for FY 2017-18 to FY 2021-22 if filed within specified windows. Check the latest CBIC notifications for current status.

How Late Fee Is Calculated

Late fee under Section 47: ₹100 per day per Act (CGST + SGST = ₹200 per day) Maximum: 0.25% of turnover in the state for annual returns For monthly GSTR-3B: No specific maximum by law (Council decisions reduce this)

Action Steps to Clear Outstanding Late Fees

Step 1: Log in to GST portal → Services → Returns → Returns Dashboard Step 2: Identify pending returns with late fees Step 3: Calculate late fee liability Step 4: Pay via Electronic Cash Ledger (late fees cannot be paid from ITC) Step 5: File the pending return

If Amnesty Period Has Expired

If you missed an amnesty window, the full late fee applies. However, you can always represent your case before the jurisdictional officer citing genuine hardship. Some officers exercise discretionary waiver powers under Section 128 in compelling cases.

Disclaimer: Late fee notifications change frequently. Always verify current deadlines from CBIC website or consult your CA.

 
 
 

Recent Posts

See All

Comments


bottom of page
⚡ Ask AI a GST question