- The due date to file GSTR-1 for April 2021 is extended. 13 January 2022 is the new revised date.
- From January 1st, non-filers of monthly GST returns will be barred from filing GSTR-1.
- From January 1st, Taxmen can directly start recovery for mismatch in sales in GSTR-1, 3B
Basics of GSTR-1
What is GSTR-1?
GSTR-1 is a monthly or quarterly return that should be filed by every registered GST taxpayer, except a few as given in further sections. It contains details of all outward supplies i.e sales.
When is GSTR-1 due?
The due dates for GSTR-1 are based on your turnover. Businesses with sales of up to Rs.5 crore have an option to file quarterly returns under the QRMP scheme and are due by 13th of the month following the relevant quarter.
Whereas, those taxpayers who do not opt for the QRMP scheme or have a total turnover above Rs.5 crore must file the return every month on or before 11th of the next month.
Who should file GSTR-1?
Every registered person is required to file GSTR-1 irrespective of whether there are any transactions during the period or not. For nil GSTR-1 filers, there is a facility to file through an SMS that began from the 1st week of July 2020. The following registered persons are exempt from filing the GSTR-1:
- Input Service Distributors
- Composition Dealers
- Suppliers of online information and database access or retrieval services (OIDAR), who have to pay tax themselves (as per Section 14 of the IGST Act)
- Non-resident taxable person
- Taxpayer liable to collect TCS
- Taxpayer liable to deduct TDS
How to revise GSTR-1?
A return once filed cannot be revised. Any mistake made in the return can be rectified in the GSTR-1 filed for the next period (month/quarter). It means that if a mistake is made in GSTR-1 of June 2021, rectification for the same can be made in the GSTR-1 of July 2021.
Late Fees and Penalty
As per the GST law, a late fee for not filing GSTR-1 is Rs. 200 per day of delay (Rs. 100 as per the CGST Act and Rs. 100 as per SGST Act). The late fee will be charged from the date after the due date.
However, after going through the notifications issued up to February 2021, the late fees continue to be levied at a reduced fee of Rs. 50 per day and Rs 20 per day (for nil return). Note that on the GST portal, the late fee on GSTR-1 is currently not being demanded as a part of payment challan in PMT-06 at the time of filing GSTR-3B.
As per CGST notification, 20/2021 dated 1st June 2021, the maximum late fee is chargeable from the period of June 2021 onwards.
Registered persons having no outward supplies in the tax period is liable to a maximum late fee of Rs.500 (Rs.250 per Act). Whereas, registered persons having a total turnover of up to Rs.1.5 crore in the preceding financial year, other than the nil filers are liable to a maximum late fee of Rs.2,000 (Rs.1,000 per Act). On the other hand, the registered persons having an aggregate annual turnover of more than Rs.1.5 crore but up to Rs.5 crore in the preceding financial year, other than the nil filers can be charged a maximum late fee of Rs. 5,000 (Rs.2,500 per Act). There is no change in the maximum late fee for taxpayers with a total turnover of more than Rs.5 crore and it remains Rs.10,000.
However, the tax officer may raise a notice demanding a late fee for the period of delay at the time of assessment of returns.