GST PENALTY SUMMARY

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GST PENALTY SUMMARY

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Nature of Default	Penalty	Remarks
GST Identification Number (GSTIN) to be mentioned on the name board	Upto Rs. 25,000	If you are regular GST dealer, GSTIN needs to be mentioned on the name board. If you opted for Composition levy, you need to mention ‘Composite Taxable person’ on the name board. This rule is to make the buyer to choose the supplier on seeing the details on the name board.
GST Registration Certificate (GST REG – 06) to be displayed at prominent place of business at all places of business	Upto Rs. 25,000	Any registered person needs to display his GST registration certificate at prominent place of business and at all additional places of businesses also. This is to ensure that the person is registered on seeing the certificate itself.
Not issuing Proper Invoice	Rs. 25,000	Invoice is the document which contains all details of supply and also an important document based on which ITC is availed. Hence, Invoice is given utmost importance in GST, rather any indirect tax law. So, all details as mentioned in rules need to be mentioned on the Invoice.
Not maintaining proper Stock record	Upto Rs. 25,000	Stock record is one of the mandatory records to be maintained as per Rule 56(2) of CGST Rules, 2017. From that record, the whole operations can be known.
Availing Input Tax Credit based on wrong Invoice	Rs. 10,000 or 100% of ITC wrongly availed, whichever is higher + 24% Interest from date of availment to date of reversal	Input Tax Credit (ITC) is backbone of GST structure. To avail ITC, proper Invoice is must
Paying CGST instead of IGST/SGST  Paying SGST instead of CGST/IGST  Paying IGST instead of CGST/SGST	Pay Tax under correct head with no interest and claim refund of tax paid under wrong head.	CGST & SGST is payable for intra-state supplies and IGST for inter-state supplies. Taxes paid under respective heads are transferred to respective governments. For Example, taxes paid under SGST head is transferred to respective state government determined based on place of supply. So, Tax paid under wrong heads leads to transfer of tax to that respective government which leads to wrong accounting.Hence, under GST, paying tax under correct heads is important and hence, the penalty. However, GST portal is now generating challan automatically after entering data in GSTR 3B. Chance of making this mistake is reduced to great extent.
Not filing GSTR 3B on or before 20th of next month. Not filing GSTR 1 on or before due date	Rs. 20 (Rs. 10 SGST + Rs. 10 CGST) per day of delay in case of NIL returns. In other cases, Rs. 50 (Rs. 25 CGST + Rs. 25 SGST) per day of delay	Timely Compliance is key to success of GST return process and matching. Hence, to encourage timely compliance, this penalty
Not obtaining registration within 30 days of date on which he is liable to get registered	Rs. 10,000 + ITC during the period of delay is lost	Section 22 of CGST Act 2017 mandates every person to register if the aggregate turnover exceeds Rs. 20 Lakhs. Every registered person needs to pay tax and file returns. Hence, registration is an important aspect in GST. Non-registration even though he is liable or takes registration late are both wrong doings.
Invoice without supply (Accommodation Bills)	Rs. 10,000 or 100% of tax evaded , whichever is higher	This situation may lead to availment of higher ITC without actually selling goods.
Supply without Invoice (Non- Issuance of Invoice)	Rs. 10,000 or 100% of tax evaded, whichever is higher	This situation may lead to supply without recording it and also the buyer may lose ITC since he doesn’t possess proper invoice
Collects GST but doesn’t pay to Government within 3 months from due date	Rs. 10,000 or 100% of tax evaded, whichever is higher	In indirect taxes, the tax is collected from the consumer and paid to Government. It is not an expense to the supplier. So, whenever tax is collected from a third party on behalf of Government and the same is not paid leads to mis-appropriation of public money.
General Penalty	Upto Rs. 25,000	If any of the provisions are defaulted and nowhere penalty is specified, this general penalty provision may be resorted to.

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REGARDS
ACA SOURAV BAGARIA