The Rajasthan Government has issued an order to reimburse the late fees paid by taxpayers during filing GST Returns for the period from April 2021 to March 2022 in a manner which will be prescribed shortly.
According to the order, the duty to reimburse the late fee is entrusted with the State Government. The order stated to refund the late fee payable under section 47 and the same has been deposited by the registered taxable person (beneficiary) under the Rajasthan Goods and Services Tax Act, 2017.
Section 47 of the Rajasthan GST Act stipulates that every registered person who is required to file GST returns must do so promptly; otherwise, the section has the authority to charge a late fee.
The Eligibility for the refund is only for the late fees that are due and submitted for returns or details of outward supplies during the time period of April 2021 to March 2022, excluding annual returns under Section 44, are eligible for reimbursement under this order.
The order is applicable tothe registered taxable persons who have submitted their returns or details of outbound supplies in accordance with sections 37, 39, and 45 of the Rajasthan Goods and Services Tax Act, 2017 for the period from April 2021 to March 2022, or who must do so by 31.03.2023.
Further, any beneficiary who wrongly availed the reimbursement, the same shall be recovered as an arrear of State Tax along with interest @ 18% p. a and penalty equal to the amount wrongly availed.
The Guidelines for application and procedure for refund of late fees payable and deposited under this order must be issued by the Chief Commissioner of State Tax. And also the state government shall have the power to modify the order at any time in full or in part, prospectively or retrospectively.
Before, the same Rajasthan Government has issued a circular for correct submission of GST returns and is also reported by Taxscan. The circular is issued in the light of instances that came to notice of the department where the taxpayers have not disclosed ineligible ITC in GST-3B on account of IGST paid on inward interstate supply and import supplies which might have culminated in short transfer of IGST funds to the state.
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