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TMI BlogClarification on applicability of late fee for delay in furnishing of FORM GSTR-9CX X X X Extracts X X X X X X X X Extracts X X X X ..... eferred to as the "WBGST Act") will be leviable where reconciliation statement in FORM GSTR-9C is not furnished by the registered person alongwith the annual return in FORM GSTR-9 but is filed subsequently beyond the due date of furnishing of annual return. 2. In order to ensure uniformity in the implementation of the provisions of law across the field formations, the Commissioner, in exercise of his powers conferred by section 168 of the WBGST Act, hereby clarifies the issues as below. 3. Prior to 01.08.2021, sub-section (2) of section 44 of WBGST Act provided that a registered person who is required to get his accounts audited in accordance with the provisions of sub-section (5) of section 35 of the WBGST Act shall furnish the annual re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... FORM GSTR-9 on or before the thirty-first day of December following the end of such financial year. 3.1 Therefore, on a combined reading of section 44 of the WBGST Act with rule 80 of the WBGST Rules, it can be concluded that both pre and post amendment, the provisions mandated that registered persons required to furnish an annual return in FORM GSTR-9 for a financial year shall also furnish along with it, a duly certified or self-certified reconciliation statement in FORM GSTR-9C, which reconciles the value of supplies declared in FORM GSTR-9 furnished for the said financial year with the audited annual financial statement. It is also mentioned that a reconciliation statement in FORM GSTR-9C is required to be filed only if the aggregate t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay in furnishing of complete annual return under section 44 of the WBGST Act, i.e. both FORM GSTR-9 and FORM GSTR-9C (where FORM GSTR-9C is also required to be furnished) and the late fee shall be payable for the period from the due date of furnishing of the said annual return upto the date of furnishing of the complete annual return i.e. FORM GSTR-9 and FORM GSTR-9C. It is also to be noted that late fee is not separately leviable for delayed furnishing of FORM GSTR-9 and delayed furnishing of FORM GSTR-9C, but has to be calculated for the period from the due date of furnishing of annual return under section 44 of the WBGST Act till the date of furnishing of complete annual return i.e.: i. in cases where FORM GSTR-9C is not required to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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