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GST late fee under Section 47, explained

CA Sitaram PareekLast reviewed June 20266 min read

Late fee under Section 47 of the CGST Act is Rs.50 per day (Rs.25 CGST + Rs.25 SGST) for GSTR-1 and GSTR-3B, reduced to Rs.20 per day for nil returns. It runs from the day after the due date to the date of filing and is capped by annual turnover under Notification 07/2023-Central Tax. There is no late fee under the IGST Act.

The statutory position

Section 47 levies a late fee of Rs.100 per day per Act (Rs.200 combined), subject to a maximum of Rs.5,000 per Act. For GSTR-1 and GSTR-3B this has been reduced by notification to Rs.25 per day per Act (Rs.50 combined), and Rs.10 per day per Act (Rs.20 combined) for nil returns. The reduced rates flow from Notification 19/2021-Central Tax and later rationalisation notifications.

Section 47, CGST Act 2017. Late fee for failure to furnish returns under Sections 37, 39, 44 and 45. The IGST Act does not levy a separate late fee.

Turnover-based caps

Notification 07/2023-Central Tax rationalised the maximum late fee for GSTR-3B and GSTR-1 by turnover slab. The commonly applied caps (combined CGST + SGST) are:

Aggregate annual turnoverMaximum late fee (per return)
Nil returnRs.500
Up to Rs.1.5 croreRs.2,000
Rs.1.5 crore to Rs.5 croreRs.5,000
Above Rs.5 croreRs.10,000

the cap applicable to your specific return type and tax period against the latest CBIC notification before relying on it.

Worked example

A taxpayer with turnover of Rs.3 crore files GSTR-3B 40 days late, with tax due.

  • Gross fee = 40 days × Rs.50 = Rs.2,000
  • Cap for the Rs.1.5–5 crore slab = Rs.5,000
  • Late fee payable = lower of the two = Rs.2,000 (Rs.1,000 CGST + Rs.1,000 SGST)

Compute your own figure instantly with the GST Late Fee Calculator.

Late fee vs interest — do not confuse them

Late fee under Section 47 is for late filing of the return. Late payment of tax is a separate charge: interest at 18% per annum under Section 50. Both can apply together — a return filed late with tax paid late attracts late fee and interest. Late fee is paid through the cash ledger only; it cannot be discharged using ITC.

Key takeaways

  • Rs.50/day for GSTR-1/3B with tax; Rs.20/day for nil returns (combined).
  • Capped by turnover under Notification 07/2023-CT.
  • No IGST late fee; cannot be paid using ITC.
  • Late fee (Section 47) and interest (Section 50) are separate and can both apply.

Frequently Asked Questions

Is there a late fee under the IGST Act?

No. Late fee under Section 47 applies only under the CGST Act and the corresponding SGST/UTGST Act. There is no separate late fee under the IGST Act.

Can late fee be paid using input tax credit?

No. Late fee, like interest and penalty, must be paid in cash through the electronic cash ledger; it cannot be set off against ITC.

Does a nil return attract late fee?

Yes, at the reduced rate of Rs.20 per day (Rs.10 CGST + Rs.10 SGST), capped at Rs.500 per return.

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Written & reviewed by

CA Sitaram Pareek

Chartered Accountant (ICAI) and holder of the Diploma in International Taxation (DIIT-ICAI). Works in-house with a multinational group operating across India, the UAE and Singapore, handling GST compliance, direct tax, transfer pricing, DTAA advisory and FEMA matters. Every article on NumberIQ is written against the bare Act, current CBDT/CBIC notifications and official portals (incometax.gov.in, gst.gov.in, cbic.gov.in).

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