Clarification on Late Fee Applicability for Delay in Furnishing FORM GSTR-9C

Notification/Circular No.: Circular No. 246/03/2025-GST 

Document Date: January 30, 2025 

Applicable Act/Rule: Central Goods and Services Tax Act, 2017 

Applicable Section/Rule: Section 44, Section 47, Sub-rule (3) of Rule 80 

Description: 

The Central Board of Indirect Taxes and Customs (CBIC) has issued a clarification regarding the levy of late fees for delays in furnishing the reconciliation statement in FORM GSTR-9C. Key points include: 

Pre- and Post-Amendment Requirements: 

  • Before August 1, 2021, registered persons with an aggregate turnover exceeding ₹2 crore were required to furnish audited annual accounts and a reconciliation statement (FORM GSTR-9C) along with the annual return (FORM GSTR-9). 
  • From August 1, 2021, the requirement for audited accounts was omitted, and taxpayers with an aggregate turnover exceeding ₹5 crore must furnish a self-certified reconciliation statement (FORM GSTR-9C) along with FORM GSTR-9. 

Late Fee Applicability: 

  • Late fees under Section 47 of the CGST Act are applicable for delays in furnishing the complete annual return, which includes both FORM GSTR-9 and FORM GSTR-9C (where applicable). 
  • The late fee is calculated from the due date of the annual return until the date of furnishing the complete return. 

Waiver of Late Fee: 

  • For financial years up to FY 2022-23, the late fee for delayed filing of FORM GSTR-9C has been waived if the reconciliation statement is furnished on or before March 31, 2025. 
  • No refund will be provided for late fees already paid for delayed furnishing of FORM GSTR-9C. 

Implementation: 

  • Field formations are instructed to ensure uniformity in implementing these provisions. 
  • Trade notices should be issued to publicize the contents of this circular. 

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