GSTR-3A is not a return. The taxpayers registered under GST must file monthly, quarterly and annual returns as notified by the Central Board of Indirect Taxes and Customs (CBIC). The GST authorities will issue a notice in the form GSTR-3A to taxpayers who have not filed their GST returns.

GSTR 3A will be issued by the tax authorities to a person not filing:

GSTR-3B (regular dealer)

GSTR-4 (Composition dealer)

GSTR-5 (Non-resident)

GSTR-6 (ISD)

GSTR-7 (Person liable to deduct TDS)

GSTR-8 (Person liable to collect TCS)

GSTR-9 (Annual return)

GSTR-10 (Final return)

On receiving notice in GSTR-3A Notice, the defaulter has to file the return within 15 days from the date of notice along with penalty and late fees.

Interest at 18% per annum has to be paid by the dealer.

Interest has to be calculated by the taxpayer on the amount of outstanding tax to be paid.

The time period for interest calculation will be from the next day of filing to the date of payment.

For annual return

The Late fee is Rs 200 per day (Rs. 100 per day per Act ).

The maximum late fee is 0.25% of the taxpayer’s turnover in the state.

For other returns

The Late fee is payable at Rs. 100 per day per Act.

So the penalty works out to Rs 200 per day (Rs. 100 under CGST & Rs. 100 under SGST).

The maximum penalty that can be levied is Rs. 5,000. There is no late fee on IGST.

What happens if the dealer still does not file his return?

If the dealer still does not file return, provisions of Section 62 will apply. The proper officer will assess the tax according to his best judgment using the information available with the department. He will not issue any further notice before starting the assessment. The penalty will be applicable of Rs. 10,000 or 10% of the tax due, whichever is higher.

If the return is filed after 15 days but before the proper officer passes an assessment order then the notice will be assumed to be withdrawn.