Late fees GSTR 9, Goods and Services Tax - GST

[VishnuPriya R]

We have filed GSTR 9 for FY 2018-19 on 28-01-2018. We have received notice asking for late fees for GSTR 9. However on filling, the late fees was not calculated. The GSTR 9 was accepted by the GST Portal.

And by Notification No. 7/2023 Central Tax dated 31-03-2023 as amended NOTIFICATION NO. 25/2023- CENTRAL TAX dated 17-07-2023 w.e.f. 30-06-2023:

Provided that for the registered persons who fail to furnish the return under section 44 of the said Act by the due date for any of the financial years 2017-18, 2018-19, 2019-20, 2020-21 or 2021-22, but furnish the said return between the period from the 1st day of April, 2023 to the ¹[31st day of August, 2023],

Notification No. 7/2023 Central Tax dated 31-03-2023 as amended NOTIFICATION NO. 25/2023- CENTRAL TAX dated 17-07-2023 w.e.f. 30-06-2023:

Provided that for the registered persons who fail to furnish the return under section 44 of the said Act by the due date for any of the financial years 2017-18, 2018-19, 2019-20, 2020-21 or 2021-22, but furnish the said return between the period from the 1st day of April, 2023 to the ¹[31st day of August, 2023],

In our case, we have filed prior to this amensty scheme. Can we also take benefit of this benefit?. Or any remedy available for this issue.

Posts / Replies

[VishnuPriya R]

Contiuation to the query. The GSTR 9 return was filed on 28-01-2023. Sorry for the typo error.

[Sadanand Bulbule]

Dear Sir

Looking at the specific time frame provided under the subject amnesty scheme of Section 128 to file the said return between the period from the 1st day of April, 2023 to the 30th day of June 2023, admittedly your case does not fall under it, for having filed the said return on 28/01/2023 much prior to time frame fixed.

Amnesty schemes are time bound per se, cannot be stretched backward or forward. For similar time frame, refer Section 128A as well.