Amnesty towards late fee for non-filing of Annual Return (GSTR 9/ 9C) for the FY 2017-18 to 2021-22 and FY 2022-23 & onwards

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April 01 2023, GST Law, Notification And Circular, Notification and Circular

Background:

The GST Council, in its 49th meeting held on February 18, 2023 had recommended to rationalise the late fee for delayed filing of annual returns in FORM GSTR-9 for FY 2022-23 onwards, for registered persons having aggregate turnover in a financial year upto Rs 20 crore. Further, Amnesty in respect of pending returns in FORM GSTR-9 has been provided to relief to a large number of taxpayers by way of conditional waiver/ reduction of late fees.

Notification:

Now, the CBIC vide Notification No. 07/2023 – Central Tax dated March 31, 2023 has reduced the amount of late fees for filing the return under section 44 of the CGST Act viz. Annual Return, which may include the self-certified reconciliation statement (GSTR 9 & GSTR 9C), for the financial year 2022-23 and onwards in the following manner: –

Registered Person having aggregate turnover (in the relevant FY) (INR)

Current Late Fees

[CGST + SGST]

Proposed Late Fees

(for FY 2022-23 and onwards)

[CGST+SGST]

Up to 5 Crores
  • Rs. 200 per day,
  • Subject to the maximum of 0.5% of turnover in state or Union territory
  • Rs. 50 per day,
  • Subject to the maximum of 0.04% of turnover in state or Union territory

5 crores to 20 crores
  • Rs. 200 per day,
  • Subject to the maximum of 0.5% of turnover in state or Union territory
  • Rs. 100 per day,
  • Subject to the maximum of 0.04% of turnover in state or Union territory

Capping of GST Late Fees for filing the return under section 44 of the CGST Act viz. Annual Return and which may include the self-certified reconciliation statement for past financial years.

Further, a proviso has been inserted to the above-mentioned notification to limit the amount of late fees for filing the return under section 44 of the CGST Act viz. Annual Return, which may include the self-certified reconciliation statement by the registered person who fails to file such returns for any of the Financial Years starting from 2017-18 to 2021-22 up to INR 20,000 (CGST + SGST), if such registered person furnishes such return in a period starting from  April 1, 2023 to June 30, 2023.

Note: – It may be noted that there is no reduction in the late fees for delay in filing the return under section 44 of the CGST Act viz. Annual Return may include the self-certified reconciliation statement (Forms GSTR-9 & GSTR-9C) for the registered persons with aggregate turnover exceeding INR 20 crores in the relevant financial year. The current late fees will apply to such a registered person.

The Notification can be accessed at: https://taxinformation.cbic.gov.in/view-pdf/1009689/ENG/Notifications

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