• Gst paid on time but returns not filed by CA since 2017

Since 2017 I have paid my gst on time. The CA has uploaded the money on the portal but he has not filed any returns since 2017. The CA had kept us in regular scheme for first 3 quarters and ask us to pay gst according to composition scheme. Since not even 1 single return has been filed by the CA since 2017 and I have paid all my gst taxes on time. 
The gst department is now asking me to pay principal amount with compound interest and late fees. But I have paid all my taxes on time

So what is the solution as I have paid what my CA has told.
Asked 11 months ago in GST

Hi

This is bit of a mess.

First ensure if the returns are not filed whether payment have been offset. If yes then interest and penalty will not be applicable but late fees of returns will be applicable which will still be huge.

But if liabilities have not been offset then mere deposit of money in portal do not amount to payment of tax. Interest and penalties will be applicable and late fees too.

I suggest you to change your consultant and engage a different consultant with proper remuneration.

Altamush Zafar
CA, Kanpur
38 Answers

5.0 on 5.0

Sir, you can save your interest with the said fact but late fee will be levied, you can take help of "Gujarat High Court verdict: The Hon’ble Gujarat High Court in case of Vishnu Aroma Pouching Pvt. Ltd. held that the petitioner has discharged the tax liability when he has deposited the tax in the credit ledger irrespective of the fat that he was not able to file the return due to technical glitches or hurdle in the GST Portal and return was filled belatedly. Accordingly, petitioner was relieved from payment of interest liability for delay in filing the return considering the fact that the tax liability was duly discharged by depositing the tax in the credit ledger."


But sir its just depend on AO discrtion otherwise as per rule you have to interest and late fee both

 

Vishal Khandelwal
CA, JAIPUR
31 Answers

Not rated

You can take the benefit of tax paid for determination of interest liability. Late fees would be leviable as returns has not been filed duly

 

For detailed discussion you may opt for phone consultation

Vivek Kumar Arora
CA, Delhi
4863 Answers
1052 Consultations

5.0 on 5.0

You can contest for the interest liability since balance is already there in cash ledger an its not utilise yet due to pending return filed

Vishrut Rajesh Shah
CA, Ahmedabad
928 Answers
39 Consultations

5.0 on 5.0

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