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TMI BlogLate Fee for Annual ReturnsX X X X Extracts X X X X X X X X Extracts X X X X ..... During audit by the GST authorities, late fee had been charged for Return GSTR 9 and GSTR 9C separately. Is Late Fee applicable for GSTR 9C also? What is the correct position of law and what should be our defence? - Reply By Padmanathan Kollengode - The Reply = Sir, I am assuming this is for years 2017-18 to 2019-20. During the said period, late fee is applicable only for GSTR-9 and not for GSTR-9C . Section 47(2) reads as under: (2) Any registered person who fails to furnish the return required under section 44 by the due date shall be liable to pay a late fee of one hundred rupees for every day during which such failure continues subject to a maximum of an amount calculated at a quarter per cent. of his turn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over in the State or Union territory. The return specified under section 44 is GSTR-9 . Therefore, late fee will not apply for GSTR-9C - Reply By Kaustubh Karandikar - The Reply = Thanks Mr. Padmanabhan for your kind reply. However, if you read the wordings of Section 44 it says, Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52 , a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self-certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uch time and in such form and in such manner as may be prescribed:. Therefore, it also includes self-certified reconciliation statement which is nothing but Return 9C. Your views please. - Reply By Padmanathan Kollengode - The Reply = Sir, Isnt this wording post amendment by FA 2021 ? Before Amendment late fee is applicable only for GSTR-9 . even after the amendment in my opinion two views are possible. View A is that late fee is only for return and it is independent of statement . View B is where Turnover exceeds 5 Crores, return will be complete only if it is accompanied by Statement . - Reply By Kaustubh Karandikar - The Reply = Mr. Padmanathan, thanks for your quick response and what you said right, prior to amendmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of finance act, the wordings was, Every registered person, other than an Input Service Distributor, a person paying tax under section 51 or section 52 , a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year electronically in such form and manner as may be prescribed on or before the thirty-first day of December following the end of such financial year:. Accodingly, we can take a stand that during the relevant period late fee was not applicable for GSTR - 9C . Thanks for your valuable inputs. - Reply By Amit Agrawal - The Reply = Besides other legal arguments, one may use Section 126 to defend itself for non-levy of penalty (or - without prejudice - for requesting penalt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of minor amount), specially if Form GSTR-9C (if applicable) got filed subsequently. These are ex facie views of mine and the same should not be construed as professional advice / suggestion. - Reply By Amit Agrawal - The Reply = In my view, late fee is only for delayed filing of return (i.e. Form GSTR-9 ) (both for pre past amendment in year 2021). For non-filing / delayed filing of reconciliation statement (i.e. Form GSTR-9C ), there is no late fee prescribed (both for pre past amendment in year 2021). Of-course, general penalty u/s 125 can be levied for non-filing / delayed filing of reconciliation statement, which is subject to Section 126 . These are ex facie views of mine and the same should not be construed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as professional advice / suggestion. - Reply By Kaustubh Karandikar - The Reply = Amit Sir, thanks for your kind advice. In my view the amended Section 44 reads as Every registered person, other than an Input Service Distributor, a person paying tax u nder section 51 or section 52 , a casual taxable person and a non-resident taxable person shall furnish an annual return which may include a self-certified reconciliation statement, reconciling the value of supplies declared in the return furnished for the financial year, with the audited annual financial statement for every financial year electronically, within such time and in such form and in such manner as may be prescribed?. Therefore, it includes self-certified reconciliation s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatement and hence will be applicable to 9C also. Your kind views please. - Reply By Amit Agrawal - The Reply = Dear Shri Kaustubh Karandikar Ji, Kindly allow me to explain my reasoning behind earlier-shared views: Sub-rule (3) of rule 80 of the CGST Rules, 2017 reads as follows: Every registered person, other than those referred to in the second proviso to section 44 , an Input Service Distributor, a person paying tax under section 51 or section 52 , a casual taxable person and a non[1]resident taxable person, whose aggregate turnover during a financial year exceeds five crore rupees, shall also furnish a self-certified reconciliation statement as specified under section 44 in FORM GSTR-9C along with the annual ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return referred to in sub-rule (1) , on or before the thirty-first day of December following the end of such financial year, electronically through the common portal either directly or through a Facilitation Centre notified by the Commissioner.] while amended Section 44 states about '....an annual return which may include a self-certified reconciliation statement ....', the fact remains that there is no annual return prescribed which includes a self-certified reconciliation statement therein. Above reproduced rule 80 (3) requires furnishing a self-certified reconciliation statement as specified under section 44 in FORM GSTR-9C along with the annual return referred to in sub-rule (1) And late fee prescr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibed u/s 47 is for delayed / non-filing of return specified u/s 44 . and return specified u/s 44 is only ' Form GSTR-9 ' ( Not the Form GSTR-9C ) as per Rule 80 (1) of the CGST Rules, 2017 and same reads as follows: Every registered person, other than those referred to in the second proviso to section 44, an Input Service Distributor, a person paying tax under section 51 or section 52 , a casual taxable person and a non-resident taxable person, shall furnish an annual return for every financial year as specified under section 44 electronically in FORM GSTR-9 on or before the thirty-first day of December following the end of such financial year through the common portal either directly or through a Facili ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tation Centre notified by the Commissioner: Provided that a person paying tax under section 10 shall furnish the annual return in FORM GSTR-9A . These are ex facie views of mine and the same should not be construed as professional advice / suggestion. And I respect contrary views. - Reply By Kaustubh Karandikar - The Reply = Thanks Amit ji for your detailed counter argument and i am inclined to get convinced on your views. - Late Fee for Annual Returns - Query Started By: - Kaustubh Karandikar Dated:- 30-12-2022 Goods and Services Tax - GST - Got 9 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanageme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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