Late fees for GSTR 9 & GSTR 9C

Late fees for GSTR 9 & GSTR 9C
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What is the late fees for delay in furnishing GST Annual Returns?

Form GSTR- 9

If Form GSTR-9 is not furnished within the due date then the late fees will be calculated for the period of default starting from the following day of the due date. As per section 47(2) of CGST Act,2017 – Late fees will be LOWER of the following

  • Rs 200 per day (Rs 100 CGST + Rs 100 SGST/UTGST) for the period of default.

OR

  • 0.50% (0.25% CGST + 0.25%  SGST/UTGST) of the taxpayer’s turnover in the relevant state or union territory

If Form GSTR-9 is being furnished after the due date. GST Portal will not permit the taxpayer to furnish Form GSTR-9 until the applicable late fees is paid.

A tab “Late fee payable and paid” is enabled once the status of Form GSTR-9 is ready to file.

Late fees has to be paid only through Electronic Cash Ledger. One needs to make the payment of late fees by navigating to Form GST DRC-03. 

Form GSTR- 9A

Composition taxpayers are granted a waiver from furnishing the GST Annual Return in Form GSTR 9A for the financial year 2018-19 vide a CGST Notification no. 47 dated 9th October 2019 based on the decision taken in 37th GST Council Meeting.  Do note that if the return is not furnished before the due date it shall be deemed to be furnished on the due date. 

Form GSTR- 9B

E-commerce operators are supposed to furnish the annual return in Form GSTR-9B. As the provisions of section 52 were made effective from 01st Oct 2018, the annual return for the financial year 2017-18 was not required to be furnished. 

It is interesting to note that CBIC has neither released Form GSTR-9B nor has expressly notified that e-commerce operators need not furnish the annual return in Form GSTR 9B for the financial year 2018-19. (As on 30.12.2020)

Form GSTR- 9C

If Form GSTR-9C is not furnished within the due date then the late fees will be calculated for the period of default starting from the following day of the due date. As per section 47(2) of CGST Act,2017 – Late fees  will be LOWER of the following

  • Rs 200 per day (Rs 100 CGST + Rs 100 SGST/UTGST) for the period of default.

OR

  • 0.50% (0.25% CGST + 0.25%  SGST/UTGST) of the taxpayer’s turnover in the relevant state or union territory

Note:  GST portal will not permit the taxpayer to furnish Form GSTR-9C  unless an annual return in Form GSTR-9 is furnished. It is interesting to note that the Government has not specifically mentioned the manner of collection of the late fees for delay in furnishing Form GSTR 9C, unlike the way it is mentioned for Form GSTR 9.

Due Date of GST Annual Returns for FY 2018-19

Form

Who has to fileDue Date
Form GSTR 9Regular taxpayer

31st Dec 2020

Form GSTR 9C

If turnover exceeds Rs. 5 Cr.31st Dec 2020
Form GSTR 9AComposition Taxpayer

31st Dec 2020

Form GSTR 9B

E-commerce Operator

31st Dec 2020

Due Date of GST Annual Returns for FY 2019-20

Form

Who has to fileDue Date
Form GSTR 9Regular taxpayer

28th Feb 2021

Form GSTR 9C

If turnover exceeds Rs. 5 Cr.28th Feb 2021
Form GSTR 9AComposition Taxpayer

28th Feb 2021

Form GSTR 9B

E-commerce Operator

28th Feb 2021

 



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CA Ankita Khetan