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CGST Act Section 47: Levy of late fee | Finin2min

Section 47 - Levy of late fee

Chapter IX - Returns
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Source control: The text/status on this page is tied to the official source gateway and the Phase 1 legal-review register. Open official source.

Finin2min Summary - Section in 2 Minutes

Levies statutory late fee for delayed section 37/39 returns and annual return, subject to notified waivers/ caps. Central late fee is mirrored by corresponding State/UT fee. Notification-based reduced caps vary by return type, turnover and period.

Exact operative text

Paragraph-wise decode

Levies statutory late fee for delayed section 37/39 returns and annual return, subject to notified waivers/ caps. Central late fee is mirrored by corresponding State/UT fee. Notification-based reduced caps vary by return type, turnover and period.

Section-Rule-Form-Notification bridge

No direct Rule certified in Phase 1. Check notifications, circulars, forms and corresponding State law.

The mapping is a legal concordance, not a round-robin related-link list. It is limited to instruments certified in this phase.

Practical example

A nil GSTR-3B filed late attracts the applicable reduced/waived late fee notification, not automatically the section maximum.

Professional alert

Late fee, interest and penalty are different liabilities; a waiver of one does not waive the others.

Implementation checklist

  1. Fix the transaction, taxable period and jurisdiction.
  2. Read every subsection, proviso, explanation and omission marker.
  3. Open the mapped Rule, form, notification and circular.
  4. Test State/UT variation and portal version.
  5. Preserve evidence, approvals, working papers and acknowledgements.
  6. Record the conclusion, assumptions, source date and reviewer.

Evidence and retention checklist

Practical Q&A

What does section 47 regulate?
It regulates levy of late fee. Read the exact text, conditions, exceptions and transaction date together.
Which subordinate law should be checked?
No direct CGST Rule has been certified in this phase. Notifications, circulars, forms and the corresponding SGST/UTGST layer may also apply.
What evidence should be retained?
Preserve the contract or transaction record, invoice or form, portal acknowledgement, payment/ledger evidence, correspondence, legal working and the official source version used.
Can portal behaviour override the statute?
No. Portal functionality is operational evidence; legal entitlement and liability remain controlled by the Act, Rules, notifications and binding decisions.