Demand of late fee u/s 47(1) of the CGST / SGST Act - delay in ...

Court Rules Late Fees Apply Only to GSTR-9; Acknowledges Amnesty Scheme Waiving Excess Fees for Non-Filers.

April 25, 2024

Case Laws     GST     HC

Demand of late fee u/s 47(1) of the CGST / SGST Act - delay in filing of returns - Amnesty Scheme - GST portal does not support payment of late fee for late filing GSTR-9C - The High court ruled that late fees are leviable up to the late filing of the GSTR-9 return and not the GSTR-9C reconciliation statement. - The court noted the introduction of an amnesty scheme by the Central Government, which waived late fees in excess of Rs. 10,000 for non-filers of returns for certain financial years. The petitioner had filed their annual return before the commencement of this scheme, and thus argued for the benefit of the notifications. The court agreed with this contention and found the notices for non-payment of late fees unjust and unsustainable.

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