Higher Penalties for Minor Defaults under GST Regime

People often tend to ignore the minor procedural mistakes related to GST. These mistakes if not rectified might lead to high amount of penalties under the GST regime. So, one should be careful and make all the necessary changes to avoid penalty.

There are a number of minor procedural lapses related to GST that are easily rectifiable yet generally ignored. These small defaults can lead to major penalties. The following are the kinds of defaults that could lead to high penalties under the GST regime:

Mentioning GSTIN (GST Identification Number)

Regular GST dealers are required to mention their GSTIN on the name board. “Composite Taxable person” must be mentioned on the name board in case you have opted for composition levy. The reason for this is to ensure that the buyer selects the right supplier by looking at the details present on the name board. Failure to adhere to these rules could result in a penalty of up to Rs.25,000.

Displaying GST Registration Certificate

GST REG – 06 (the GST Registration Certificate) must be displayed at a noticeable place of the business at the place of business. Businesses that are registered under the Goods and Services Tax will have to adhere to these rules as it ensures that anyone can see that the business is registered upon looking at the certificate. Failure to display the certificate at a noticeable place will result in a fine of up to Rs.25,000.

Maintenance of Stock Record

Under Rule 56(2) of the Central Goods and Services Tax Rules, 2017, stock record is among the compulsory records that must be maintained by all businesses registered under GST. All the operations of the business can be identified through the record. Failure to maintain this record properly can result in a fine of up to Rs.25,000.

Issuance of Invoice

Invoices are basically the documents that contain all the information regarding supply. It is also a crucial document for availing Input Tax Credit. All the information mentioned in the rules of GST will have to be mentioned on the invoice as well. Failure to do so will result in a fine of up to Rs.25,000.

Availing ITC based on Incorrect Invoice

ITC, or Input Tax Credit, is considered the backbone of the Goods and Services Tax regime. The right invoice must be furnished to avail ITC. Using an incorrect invoice can result in a fine of Rs.10,000 or 100% of the ITC that was availed incorrectly, whichever is more. In addition, an interest of 24% from the date on which ITC was availed to the date on which it was reversed will be charged.

Payment of Central GST instead of Integrated GST or State GST, or Payment of State GST instead of Central GST or Integrated GST, or Payment of Integrated GST instead of Central GST or State GST

Central GST and State GST must be paid for intra-state supplies while Integrated GST must be paid for inter-state supplies. The respective government will receive the taxes paid under each head. For instance, the state government will receive the taxes paid under State GST based on the place in which it was supplied. Therefore, payment of taxes under the incorrect heads will result in the tax being transferred to the wrong government, which in turn results in incorrect accounting. Therefore, the payment of GST under the right heads is crucial. The penalty for paying tax under the wrong head is that defaulters will have to pay tax under the right head with no interest along with claiming refund of the tax payment made under the incorrect head.

Failure to File GSTR-1 and GSTR-3B on or prior to the due date

Complying with the timings and due dates is essential to ensure the success of processing and matching GST returns. In order to ensure that businesses comply with the due dates, the penalty levied for late filing is Rs.20 (Rs.10 towards State GST and Rs.10 towards Central GST) per day of delay for nil returns, and Rs.50 (Rs.25 towards Central GST and Rs.25 towards State GST) per day of delay in other cases.

Failure to Obtain Registration Within 30 days

Under Section 22 of the Central GST Act, 2017, all persons are required to register under GST in case their aggregate turnover crosses Rs.20 lakh. Each registered entity will have to pay tax as well as file returns. Failure to register under GST will result in a fine of Rs.10,000. In addition, the Input Tax Credit during the delay period will be lost.

Invoice without Supply

In case invoices are given without supplies being made, it could lead to higher ITC being availed. In this case, the defaulter will have to pay a fine of Rs.10,000, or 100% of the tax evaded, whichever is more.

Collection of GST but Failure to Pay the Government Within Three Months from Due Date

So far as indirect taxes are concerned, the consumer pays the tax to the supplier and the supplier in turn pays it to the government. If a supplier collects tax from a consumer and does not forward it to the government, the file applicable to the supplier will be Rs.10,000 or 100% of the tax evaded, whichever is more.

General Penalty

In case there defaults to any of the provisions and no penalty has been specified in the GST rules, a general penalty will become applicable. This penalty could be up to Rs.25,000.

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