GST UPDATE

Desk of CA. Praveen Sharma Series- 505 Draft Reply against Notice issued for Late Fee levied in CMP08 Filing

https://taxbotgpt.ai Ai powered try this for any query related to income tax and GST.

Login with Gmail.

Subject: Response to Notices for Late Fees in Form ASMT-10 Regarding CMP-08 Filing for F.Y. 19-20

I am writing in response to the notices I have received concerning late fees in Form ASMT-10 for the late filing of CMP-08 for the financial year 2019-2020.

I must apologize for the delay in filing the CMP-08 for the mentioned financial year. I understand the importance of timely compliance and assure you that appropriate measures have been implemented to prevent such delays in the future.

Under section 39(2) a Registered person paying tax under the provisions of section 10, shall, for each financial year or part thereof, furnish a return, electronically, of turnover in the State or Union territory, inward supplies of goods or services or both, tax payable, tax paid and such other particulars in such form and manner, and within such time, as may be prescribed.

Under Rule 62(1) Every Registered person paying tax under section 10 shall-

(i) furnish a statement, every quarter or, as the case may be, part thereof, containing the details of payment of self-assessed tax in FORM GST CMP-08, till the 18th day of the month succeeding such quarter; and

(ii) furnish a return for every financial year or, as the case may be, part thereof in FORM GSTR-4, till the thirtieth day of April following the end of such financial year,] electronically through the Common portal, either directly or through a Facilitation Centre notified by the Commissioner.

Rule 62 clearly mentions that CMP-08 is a statement and GSTR-4 is a return. Under section 47(1) any Registered person who fails to furnish the details of outward supplies required under section 37 or returns required under section 39 or section 45, by the due date shall pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum amount of five thousand rupees.

Therefore, late fee u/s 47 is applicable only on late filing of return i.e. GSTR-4 and not on statement CMP-08.

I would like to request your kind consideration regarding the imposition of late fees. As a composition dealer, I am committed to fulfilling all GST obligations promptly. However, I humbly request your leniency in this matter, considering above provisions of law

I request you to waive the late fees imposed, taking into account my above reply.

Read more: https://www.edatabook.com/c-detail/3888

Check Draft reply of GST Notice and Appeal format in our EdataBook

Stay tuned and Save my number for any query +91-9871530610.

CA. Praveen Sharma 

https://www.linkedin.com/in/capraveensh